Allahabad High Court
SMT. MITHLESH KASHYAP AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The application filed under Section 528 CrPC is dismissed as withdrawn.
Summary
The applicants, Smt. Mithlesh Kashyap and another, filed an application under Section 528 of the Criminal Procedure Code seeking relief, but later indicated through their counsel that they wished to withdraw the application. The opposite party alleged that the applicants had concealed material facts and had a history of filing similar applications without full disclosure. The court noted the allegations of concealment but also observed that the applicants now desired to withdraw the petition. The learned Additional Government Advocate raised no objection to the withdrawal. Consequently, the court permitted the withdrawal and dismissed the application as withdrawn.
Issues considered
- Whether the court may allow withdrawal of an application filed under Section 528 CrPC when the applicants are alleged to have concealed material facts
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- withdrawal of application
- Section 528 CrPC
- high court
- concealment of material facts
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34217 of 2025
Smt. Mithlesh Kashyap And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Surendra Pal
Counsel for Opposite Party(s) : Anshuman Saxena, G.A., Rajani Kant
Court No. - 83
HON'BLE SANJIV KUMAR, J.
1. Shri S.P. Gangwar, Advocate holding brief of Shri Surendra Pal, learned
Counsel for the applicants, Shri Anshuman Saxena, learned Counsel for
opposite party no.2 and Shri Akhilesh Kumar Mishra, learned A.G.A on
behalf of the State are present.
2. Learned Counsel for the applicants has submitted that he does not want to
press this application and wants to withdraw it.
3. Learned Counsel for the opposite party no.2 has submitted that on the
previous date, this Court has noted that the applicants have filed this
application concealing material facts and opposite party no.2 had also filed
written submissions showing chart which, prima facie, discloses that the
applicants have repeatedly approached this Court concealing earlier
proceedings as well as material facts.
4. On previous date, applicant no.2 Sompal had appeared in person and had
ensured that on the next date, he would co-operate in the proceedings before
the trial court, so that charges are framed. Learned Counsel for the applicants
submits that he has no knowledge whether charge has been framed or not.
5. Learned Counsel for opposite party no.2 submits that as per his
information, the charges have not yet been framed.
6. In view of the above, it appears that the applicants have not come before
this Court with clean hands and have filed this application, while concealing
material facts. Thus, the conduct of the applicants is not good at all, but as
learned Counsel for the applicants does not want to press this application,
NA528 No. 34217 of 2025
2
and seeks to withdraw it, therefore, without taking any further action, the
applicants are permitted to withdraw this application.
7. Learned AGA has no objection to the aforesaid prayer made by learned
counsel for the applicants.
8. In view of the above submissions, the instant application is dismissed as
withdrawn.
May 18, 2026
AdityaG
(Sanjiv Kumar,J.)
Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad
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