Allahabad High Court
SEEMA KUSHWAHA AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
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The application under Section 528 is dismissed as withdrawn upon the applicant's request.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 Upon the petitioners' request, the court dismissed the application as withdrawn.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- Whether an application filed under Section 528 of the Criminal Procedure Code may be withdrawn by the applicant?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
- Code of Criminal Procedure, 1973 — s. 528
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dismissed as withdrawn.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 The instant application is, accordingly, dismissed as withdrawn.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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