Allahabad High Court
KULDEEP GUPTA AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
- Bench
- TARUN SAXENAMUNIR
Holding
The petition is dismissed as withdrawn with liberty to file afresh.
Summary
Petitioners Kuldeep Gupta and another filed a criminal miscellaneous writ petition before the Allahabad High Court. Their counsel, Ravindra Prakash Srivastava, moved that the petition be dismissed as withdrawn because certain documents could not be annexed and essential facts could not be pleaded. The court considered the prayer and found no impediment to allowing a withdrawal with liberty to re‑file. Accordingly, the judges accepted the petitioner's request and ordered the petition dismissed as withdrawn, permitting a fresh filing. The court also directed that the certified copies of the annexed documents be returned to counsel, with photostats retained on record, and noted the presence of the State’s Additional Government Advocate.
Issues considered
- Whether the petition can be dismissed as withdrawn with liberty to re‑file due to the inability to annex documents and plead essential facts?
Subjects
- petition withdrawal
- procedural deficiency
- writ petition
- re‑filing
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10072 of 2026
Kuldeep Gupta and another
.....Petitioner(s)
Versus
State of Uttar Pradesh and others
.....Respondent(s)
Counsel for Petitioner(s) : Ravindra Prakash Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE J.J. MUNIR, J.
HON'BLE TARUN SAXENA, J.
1. Mr. Ravindra Prakash Srivastava, learned Counsel for the petitioners
comes up with a prayer that this petition may be dismissed as withdrawn
with liberty to file afresh, inasmuch as certain documents could not be
annexed and certain essential facts could not be pleaded.
2. The prayer is accepted.
3. Accordingly, this petition is dismissed as withdrawn with liberty to
file afresh.
4. Certified copy of document(s) annexed shall be returned to the
learned Counsel for the petitioner, provided that photostat copy of the
same is/are retained on record.
5. Mr. Shashi Shekhar Tiwari, learned Additional Government
Advocate, is present on behalf of the State.
(Tarun Saxena,J.) (J.J. Munir,J.)
May 5, 2026
I. Batabyal/S.K. Srivastava
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
Checking your session…