Created by Fuzzy Cloud

Allahabad High Court

MOHD. SHIFAT @ SIFATversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a stay application under Section 482 Cr.P.C.

Summary

The petitioner filed a petition under Article 227 seeking to set aside an order dated 25-02-2026 passed by the Principal Judge of the Family Court, Banda, in Criminal Miscellaneous Case No. 409/XI/2023, and to stay the recovery proceedings in that case. The petition also sought liberty to file a stay application under Section 482 of the Criminal Procedure Code. During the hearing, the petitioner’s counsel requested permission to withdraw the petition and instead pursue a stay application under Section 482. The High Court allowed the withdrawal, dismissed the petition as withdrawn, and granted liberty to file the separate stay application. No substantive merits of the original petition were considered. The certified copy of the petition, if any, was to be returned to counsel after a photocopy was retained.

Issues considered

  • What is the appropriate procedure when a petitioner wishes to withdraw a petition under Article 227 and seek relief through a separate application under Section 482 of the Cr.P.C.?

Legislation cited

Subjects

  • Article 227
  • High Court jurisdiction
  • withdrawal of petition
  • stay of proceedings
  • Cr.P.C. 482
  • Family Court order

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  MATTERS UNDER ARTICLE 227 No. - 6267 of 2026

                                    Mohd. Shifat @ Sifat
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           : Pawan Singh Pundir, S.M.Ayaz Ali
                                    Counsel for Respondent(s)           : G.A.

                                    Court No. - 73
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Heard learned counsel for petitioner and learned AGA for the State.

                                    2. The present petition is filed with the following prayer:

                                    "(A) To set-aside the impugned order dated 25.02.2026 passed by Principal Judge,
                                    Family Court, Banda in Criminal Misc. Case No.409/XI/2023 (Mohd. Shifat Vs. Km.
                                    Adeeba (Minor).

                                    (B) To stay the recovery proceeding in Criminal Misc. Case No. 409/XI/2023 (Mohd.
                                    Shifat Vs. Km. Adeeba (Minor)."

                                    3. At this stage, learned counsel for petitioner submits that he may be
                                    permitted to withdraw the present petition with liberty to file stay
                                    application in the pending Application U/S 482 Cr.P.C.

                                    4. Accordingly, the petition is dismissed as withdrawn with aforesaid
                                    liberty.

                                    5. Certified copy, if any, shall be returned to learned counsel for petitioner
                                    after keeping a photo copy of the same.



                                                                                         (Vikram D. Chauhan,J.)
                                    May 5, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
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.