Allahabad High Court
ASHISH CHAND SRIVASTAVAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 482 Cr.P.C. is dismissed as withdrawn.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to challenge an order dated 21‑08‑2024 of the Special Judge (Anti‑Corruption), Meerut, which had taken cognizance of an offence. The High Court heard numerous adjournments and complied with a direction of the Apex Court dated 23‑09‑2025. On the day of the hearing, the applicant’s counsel expressed a desire to withdraw the application, which was not opposed by the opposite party. The Court accepted the withdrawal and dismissed the application. Consequently, the order of the Special Judge remains undisturbed.
Issues considered
- Whether the High Court can entertain an application under Section 482 Cr.P.C. challenging the order taking cognizance of an offence by a Special Judge.
- Effect of the applicant’s withdrawal of the Section 482 application on the pending proceedings.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- Criminal Procedure Code
- withdrawal of application
- cognizance of offence
- High Court jurisdiction
- Special Judge (Anti‑Corruption)
- adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 38398 of 2024
Ashish Chand Srivastava
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Mishra, Vijay Pratap Singh
Counsel for Opposite Party(s) : Devendra Vikram Singh, G.A., Satendra
Singh
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. The instant application has been preferred for challenging the order dated
21.08.2024, which has been prayed as an order passed by learned Special
Judge (Anti Corruption), Meerut, through which cognizance of offence has
been taken up over the report dated 13.08.2024.
3. The instant application u/s 482 Cr.P.C. has been filed on dated 01.10.2024
and as per the order-sheet available co-ordinate Bench of this Court vide
order dated 13.11.2024 after hearing learned counsel for the parties, issued
notice to opposite party no.2 by way of inviting counter affidavit and
rejoinder affidavit within a period of next date of listing that was by
20.12.2024 and thereafter another co-ordinate Bench of this Court while
taking up the matter on 08.10.2025, release the matter for listing before
another Bench after obtaining nomination from Hon'ble the Chief Justice
and the instant matter has been nominated to this Bench vide order dated
27.10.2025 and thereafter this matter was listed before this Court on dated
12.12.2025 and on that date, the matter was listed for 18.12.2025.
4. On dated 18.12.2025, there was an illness marked by Sri Devendra
Vikram Singh, learned counsel for opposite party no.2 and as such a detail
order has been passed in the light of direction issued by Apex Court and the
matter was again directed to be listed on the very next date, i.e., 19.12.2025
at 12:00 p.m.
5. On dated 19.12.2025, Sri Sanjay Singh, Advocate holding brief of Sri
A482 No. 38398 of 2024
2
Devendra Vikram Singh, learned counsel for opposite party no.2 prayed and
granted a week's time to prepare the matter for proper assistance of the Court
and the matter was directed to be listed on 06.01.2026.
6. On cautious consideration for compliance of the direction issued by Apex
Court, matter was again taken up on dated 06.01.2026, but in revised list
there was no representation from the side of applicant and the matter was
adjourned and directed to be listed on 12.01.2026.
7. On dated 12.01.2026, learned counsel for opposite party no.2 prayed and
granted two weeks' time to file counter affidavit and two weeks thereafter
for rejoinder affidavit and the matter was again listed for 12.02.2026.
8. On dated 12.02.2026, learned counsel for the applicant again prayed and
granted a week's time to file rejoinder affidavit and directed to list the matter
on 23.02.2026.
9. Due to change of roster, again the instant matter has been nominated by
Hon'ble the Chief Justice to this Bench vide order dated 22.02.2026 and the
same was listed on 27.04.2026 and on that very specific date, as per the
prayer made by learned counsel for the applicant, the matter was directed to
list on the very next date, i.e., 28.04.2026 at 11:00 am.
10. On dated 28.04.2026, on the request of learned AGA, who was not
having his file, the matter was listed for 07.05.2026 at 2:00 pm.
11. The above-mentioned information is necessary to show the eagerness to
decide the matter by this Bench in compliance to the direction issued by
Apex Court vide order dated 23.09.2025 in Special Leave Petition
(Criminal) Diary No(s). 50824 of 2025.
12. Today, when the matter has been taken up at 2:00 pm, at the very outset
learned counsel for the applicant submits that he wants to withdraw the
instant application over which Sri Satendra Singh, learned counsel for
opposite party no.2 as well as learned AGA has no objection.
13. In view of above, the instant application u/s 482 Cr.P.C. is dismissed as
withdrawn.
May 7, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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