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Allahabad High Court

ARCHNA SHARMA AND ANOTHERversusKAMAL TOMAR

Decided

Holding

The petition was dismissed as withdrawn.

Summary

The petitioners, Archna Sharma and Pradeep Kumar, filed a writ petition under Article 227 of the Constitution seeking to set aside orders dated 25.08.2022 of the Additional Chief Judicial Magistrate and 23.01.2026 of the Additional Session Judge in criminal matters under Sections 323, 504, and 506 IPC. They alleged procedural and substantive irregularities in the lower courts' decisions. During the hearing, the petitioners' counsel, Vikash Chandra Tiwari, requested that the petition be dismissed as withdrawn, citing an improper array of parties, particularly the respondent. The Court considered the request and found no merit in proceeding further with the petition. Consequently, the High Court dismissed the petition as withdrawn, allowing the petitioners to file a fresh petition if desired.

Subjects

  • Article 227
  • writ petition
  • withdrawal
  • High Court
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 MATTERS UNDER ARTICLE 227 No. - 3423 of 2026

                                    Archna Sharma And Another
                                                                                                      .....Petitioner(s)
                                                                         Versus
                                    Kamal Tomar
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                     :      Vikash Chandra Tiwari
                                    Counsel for Respondent(s)                     :

                                    Court No. - 53
                                                             HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. Heard Sri Amit Kumar Malviya, Advocate holding brief of Sri Vikash
                                    Chandra Tiwari, learned counsel for the petitioners and Sri Bade Lal Bind,
                                    learned counsel for the State and perused the material on record.

                                    3. The present petition under Article 227 of the Constitution of India has been
                                    filed by the petitioners- Archna Sharma and Pradeep Kumar, with the prayer
                                    to allow the present Petition and set-aside the order dated 25.08.2022 passed
                                    by the Additional Chief Judicial Magistrate /Additional Civil judge (Senior
                                    Division) Ist Ghaziabad in Criminal Complaint No. 5424 of 2022 (Kamal Tomar
                                    Vs. Pradeep Kumar and others) as well as order dated 23.01.2026 passed by
                                    the Additional Session Judge Court No.6 Ghaziabad in Criminal Revision 667
                                    of 2023 (Pradeep Kumar Vs. State of U.P. and others) Under section 323,
                                    504, 506 I.P.C Police Station Nandgram, District- Ghaziabad, pending before
                                    the Additional Chief Judicial Magistrate /Additional Civil Judge (Senior
                                    Division) Ist, District- Ghaziabad. And / or issue any other order or direction
                                    which this Hon'ble Court may deem fit and proper under the facts and
                                    circumstances of the case.

                                    4. Learned counsel for the petitioners prays that the present petition be
                                    dismissed as withdrawn with liberty to file a better petition as the array of
                                    parties particularly the respondent is not proper.

                                    5. As prayed, the present petition is dismissed as withdrawn.

                                    March 19, 2026
                                    AS Rathore
                                                                                                     (Samit Gopal,J.)




Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad


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