Created by Fuzzy Cloud

Allahabad High Court

DINESH AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that the withdrawal of the Section 482 application is permissible and dismissed the application as withdrawn.

Summary

The accused-applicants filed an application under Section 482 of the Criminal Procedure Code seeking a quash of proceedings. During the pendency of that application, three of the accused (Hemraj, Sher Singh and Malkhan) died. The counsel for the applicants thereafter moved a withdrawal application, stating that the remaining applicants no longer wished to pursue the Section 482 petition. The High Court examined the counsel's statement and the circumstances of the deaths and found no legal impediment to permitting a withdrawal. Accordingly, the Court allowed the withdrawal, dismissed the original Section 482 application as withdrawn, and vacated any interim orders that may have been in force.

Issues considered

  • Whether an application under Section 482 Cr.P.C. may be withdrawn by the applicants after the death of some accused persons.

Legislation cited

Subjects

  • Section 482
  • withdrawal of application
  • quash of criminal proceedings
  • death of accused
  • High Court of Allahabad
  • procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 34296 of 2013

                                    Dinesh And 9 Others
                                                                                                    .....Applicant(s)
                                                                         Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)         :   Abhishek Tiwari, Gaurav Kakkar, Manoj
                                                                         Kumar Singh
                                    Counsel for Opposite Party(s)    :   Bhuvnesh Kumar Singh, Brij Kumar Saroj,
                                                                         Govt. Advocate, Sudhir Bharti

                                    Court No. - 73
                                                            HON'BLE SANDEEP JAIN, J.

                                    Criminal Misc. Withdrawal Application No.8 of 2026

                                    1. An application seeking withdrawal of the instant application under Section
                                    482 Cr.P.C. has been filed on behalf of the accused-applicants, stating therein
                                    that the accused-applicants do not wish to press the instant application and
                                    may be permitted to withdraw the same.

                                    2. Learned counsel for the accused-applicants submits that accused-
                                    applicants Nos. 6, 9 and 10, namely, Hemraj, Sher Singh and Malkhan,
                                    respectively, have died during the pendency of the instant application.

                                    3. Learned counsel for the accused-applicants further submits that, in view of
                                    the circumstances stated in the withdrawal application, he does not wish to
                                    press the instant application under Section 482 Cr.P.C. and seeks permission
                                    to withdraw the same. The withdrawal application is taken on record.

                                    4. In view of the statement made by learned counsel for the accused-
                                    applicants and the averments made in the withdrawal application, the prayer
                                    for withdrawal is allowed. Accordingly, the withdrawal application is allowed
                                    and the instant application under Section 482 Cr.P.C. is dismissed as
                                    withdrawn.

                                    5. Consequently, the instant Application under Section 482 No. 34296 of 2013
                                    stands dismissed as withdrawn. The interim order, if any, stands vacated.

                                    September 24, 2026
                                    Mayank
                                                                                                (Sandeep Jain,J.)




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.