Allahabad High Court
SMT SUMAN SRIVASTAVAversusSTATE OF UP AND 6 OTHERS
- Decided
Holding
The writ petition was dismissed as withdrawn, with liberty to the petitioner to file a fresh petition.
Summary
Petitioner Smt. Suman Srivastava filed a criminal miscellaneous writ petition seeking a mandamus directing the authorities to investigate false complaints lodged by respondents 5 and 6, and to restrain coercive action against her family. She also requested that any interim orders be vacated. During hearing, counsel for the petitioner voluntarily moved that the petition be dismissed as withdrawn, seeking liberty to file a fresh petition with better particulars. The learned Additional Government Advocate for the State did not oppose this submission. The Court accepted the petitioner's request and dismissed the writ petition as withdrawn, also vacating any interim order. No substantive merits of the allegations were adjudicated.
Issues considered
- What procedural step is required when a petitioner seeks to withdraw a criminal miscellaneous writ petition?
Subjects
- criminal writ
- mandamus
- withdrawal of petition
- false complaint
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10121 of 2026
Smt Suman Srivastava
.....Petitioner(s)
Versus
State Of Up And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hemant Kumar, Pramod Kumar
Srivastava
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Pramod Kumar Srivastava, the learned counsel for petitioner
and the learned A.G.A. for State-respondents 1, 2, 3 & 4.
2. Perused the record.
3. Petitioner-Smt. Suman Srivastava has approached this Court by means
of present criminal misc. writ petition with the following prayer;-
"It is therefore, most respectfully prayed that Hon'ble court may graciously be
pleased to:-
1. Issue a writ, order or direction in the nature of mandamus commanding/
directing the respondent authority to make an inquiry and take appropriate action
against Respondents 5, and 6 who made false and frivilous complaints on which
basis notice dated 30.1.2026 in case no. 203 of 2026 [State Vs. Rahul Krishna]
under Section 126/135 B.N.S.S P.S Sigra Commissionerate Varanasi has been
pasted by the Respondent no.4 in the gate of the petitioner on 10.2.2026.
2. Issue a writ, order or direction to the respondents not to adopt any coercive
measure against the petitioner and her family without proper inquiry on the false
complaints of Respondent no. 5 and 6 and in influence of respondent no. 7.
3. Issue any other order or direction as this Hon'ble Court may deem fit and proper
under the present circumstances of the case.
4. Allow the petition of the petitioner."
CRLP No. 10121 of 2026
2
4. After some arguments, the learned counsel for petitioner fairly submits
that present writ petition be dismissed as withdrawn with liberty to file
fresh giving better particulars and proper relief.
5. Learned A.G.A. for State-respondents 1, 2, 3 & 4 does not oppose the
fair submissions urged by the learned counsel for petitioner.
6. In view of above, this writ petition is, accordingly, dismissed as
withdrawn with liberty aforesaid.
7. Interim order, if any, stands vacated.
May 5, 2026
Vinay
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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