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Allahabad High Court

KULDEEP GUPTA AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

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The petition is dismissed as withdrawn with liberty to file afresh.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 Their counsel, Ravindra Prakash Srivastava, moved that the petition be dismissed as withdrawn because certain documents could not be annexed and essential facts could not be pleaded.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 Accordingly, the judges accepted the petitioner's request and ordered the petition dismissed as withdrawn, permitting a fresh filing.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  • Whether the petition can be dismissed as withdrawn with liberty to re‑file due to the inability to annex documents and plead essential facts?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


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