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Allahabad High Court

SEEMA KUSHWAHA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as withdrawn upon the applicant's request.

Summary

The petitioners, Seema Kushwaha and three others, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. The State of Uttar Pradesh and another party were impleaded as respondents. Counsel for the petitioners, Ram Sheel Sharma, appeared before the court and later informed the bench that the petitioners wished to withdraw the application. The court recorded the counter‑affidavit filed by the second respondent and heard submissions from both sides. Upon the petitioners' request, the court dismissed the application as withdrawn. The order was pronounced on 6 May 2026 by Justice Nand Prabha Shukla.

Issues considered

  • Whether an application filed under Section 528 of the Criminal Procedure Code may be withdrawn by the applicant?

Legislation cited

Subjects

  • withdrawal of application
  • Section 528 CrPC
  • High Court
  • criminal procedure
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 3859 of 2026

                                    Seema Kushwaha And 3 Others
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)               :   Ram Sheel Sharma
                                    Counsel for Opposite Party(s)          :   G.A., Puskar Babu Kushwaha

                                    Court No. - 78
                                                     HON'BLE NAND PRABHA SHUKLA, J.

                                    1. Counter affidavit filed by opposite party No. 2 is taken on record.

                                    2. Heard Mr. Om Prakash, holding brief of Mr. Ram Sheel Sharma, learned
                                    counsel for the applicants, Mr. Puskar Babu Kushwaha, learned counsel for
                                    the opposite party No. 2, learned A.G.A. for the State and perused the
                                    record.

                                    3. On the matter being taken up, learned counsel for the applicants submits
                                    that he wants to withdraw the instant application, therefore, the same may be
                                    dismissed as withdrawn.

                                    4. The instant application is, accordingly, dismissed as withdrawn.

                                    May 6, 2026
                                    Shivani Sri.
                                                                                       (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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