Created by Fuzzy Cloud

Allahabad High Court

HAR DATTA MISHRAversusSTATE OF UP AND ANOTHER

Decided

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The application is dismissed as withdrawn.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 The learned counsel for the applicant moved that the petition be dismissed as withdrawn. The High Court examined the material and, noting the applicant's request, dismissed the petition as withdrawn.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  • Whether the application under Section 528 CrPC seeking quash of the charge-sheet can be dismissed as withdrawn at the applicant's request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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.