Allahabad High Court

DINESH KUMARversusState of U.P. AND 3 OTHERS

Decided: 28 September 2026
Bench: VIKRAM D CHAUHAN

Holding

The petition was dismissed as withdrawn.

Summary

The petitioner, Dinesh Kumar, filed a petition under Article 227 seeking to set aside an order dated 27 February 2024 passed by the Sub‑Divisional Magistrate in Basti and a revisional order dated 5 November 2024 passed by the Session Judge. The relief sought was the quashing of both the magistrate's order under Section 133 of the Criminal Procedure Code and the subsequent revisional order. The petitioner’s counsel, Kanhaiya Lal Tiwari, later applied to withdraw the petition. The High Court considered the request for withdrawal. The Court permitted the withdrawal and dismissed the petition as withdrawn.

Subjects

withdrawal of petition
Article 227
Criminal Procedure Code
set‑aside order

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  MATTERS UNDER ARTICLE 227 No. - 15042 of 2024

                                    Dinesh Kumar
                                                                                                     .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Kanhaiya Lal Tiwari
                                    Counsel for Respondent(s)                      :   Damodar Pandey, G.A.

                                    Court No. - 55
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. The petition is filed with the following prayer:

                                    "a). Issue a order or direction to set-aside the impugned order dated 27.02.2024
                                    passed by Sub-Divisional Magistrate, Tehsil-Harraiya, District-Basti (Respondent
                                    NO.2) in Case No.8061 of 2021 Computerized Case No.T202117140108061 (Dinesh
                                    Kumar Vs. Umesh Yadav) Under Section 133 Cr.P.C. Police Station-Gaur, District-
                                    Basti as well as impugned Revisional order dated 05.11.2024 passed by Session
                                    Judge, Basti in Criminal Revision No.83 of 2024 (Dinesh Kumar Vs. State of U.P. and
                                    another)."

                                    2. Sri Kanhaiya Lal Tiwari, learned counsel for petitioner submits that he
                                    may be permitted to withdraw the present petition.

                                    3. Accordingly, the petition is dismissed as withdrawn.



                                                                                           (Vikram D. Chauhan,J.)
                                    September 29, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad

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