Allahabad High Court
HAR DATTA MISHRAversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application is dismissed as withdrawn.
Summary
Har Datta Mishra filed an application under Section 528 of the Criminal Procedure Code seeking to quash a charge-sheet dated 13-11-2025 and related proceedings in a criminal case involving Sections 409, 120-B IPC and Section 13(2) of the Prevention of Corruption Act. The applicant later informed the court that he intended to pursue the appropriate remedy elsewhere and wished to withdraw the application. The learned counsel for the applicant moved that the petition be dismissed as withdrawn. The High Court examined the material and, noting the applicant's request, dismissed the petition as withdrawn. Consequently, the charge-sheet and related proceedings remain unaffected, and the certified copies are to be returned as per rules.
Issues considered
- Whether the application under Section 528 CrPC seeking quash of the charge-sheet can be dismissed as withdrawn at the applicant's request
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 120-B, 409
- Prevention of Corruption Act, 1988 — s. 13(2)
Subjects
- Criminal Procedure
- Section 528
- Quash of Charge-sheet
- Withdrawal of Application
- High Court
- Criminal Law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 9799 of 2026
Har Datta Mishra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Srivastava, Bajrang Lal
Srivastava, Shashank Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Arun Kumar Srivastava, learned counsel for the applicant and Sri
Ajay Singh, learned A.G.A.-I for the State and perused the material on record.
3. The present application 528 B.N.S.S. has been filed by the applicant- Har
Datta Mishra, with the prayer to allow this application and quash the charge-
sheet dated 13.11.2025 and cognizance/summoning Order dated 17.11.2025
in Session Case No. 1670/2025 (State Vs. Premprakash Pandey and Others),
and the entire proceedings of Case Crime No. 202/12, registered under
Sections 409, 120-B I.P.C. and Section 13(2) of the Prevention of Corruption
Act, 1988, at Police Station Kotwali Nagar, District Gonda, pending in the court
of Ld. ADJ /Special Judge (PC Act) Court No. 5, Gorakhpur, with a further
prayer that proceedings of the aforesaid case be stayed.
4. Learned counsel for the applicant submits that the present application 528
B.N.S.S. be dismissed as withdrawn as he intends to seek the appropriate
remedy available under law.
5. As prayed, the present petition is dismissed as withdrawn.
6. Certified copies, if any, be returned as per rules.
March 19, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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