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Allahabad High Court

MANORMA GUPTA AND 3 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The petition was dismissed as withdrawn with liberty to file afresh.

Summary

Petitioners Manorma Gupta and others filed a criminal miscellaneous writ petition but later moved that the petition be dismissed as withdrawn because certain documents could not be annexed and essential facts could not be pleaded. The Court accepted the prayer, dismissed the petition as withdrawn and granted liberty to file a fresh petition. The certified copies of the annexed documents were ordered to be returned to the petitioner's counsel, with photostats retained on record. The State was represented by an Additional Government Advocate. No substantive merits were decided.

Issues considered

  • Whether the petition can be dismissed as withdrawn due to lack of annexed documents and unpleaded facts?

Subjects

  • petition withdrawal
  • criminal miscellaneous writ
  • procedural dismissal
  • re-filing

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 10091 of 2026

                                    Manorma Gupta and others
                                                                                                     .....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                                    comes up with a prayer that this petition may be dismissed as withdrawn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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