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Allahabad High Court

ROBINversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition.

Summary

The petitioner, Robin, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging certain aspects of the investigation. During the proceedings, the State counsel informed the Court that additional, more serious charges had been added to the case. The petitioner acknowledged this development but expressed a desire to withdraw the present petition and seek a fresh filing with more detailed particulars. The Court, noting the petitioner's clear intention to withdraw, dismissed the writ petition as withdrawn and granted liberty to file a new petition. The certified copies of the documents were ordered to be returned to the petitioner's counsel.

Issues considered

  • Whether a writ petition can be dismissed as withdrawn when the petitioner seeks to withdraw it and file a fresh petition.

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • procedural law
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 10249 of 2026

                                    Robin
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Mohd. Nasim Ahmad
                                    Counsel for Respondent(s)                    :   G.A.

                                    Court No. - 48
                                                       HON'BLE RAJIV GUPTA, J.
                                                       HON'BLE DR. AJAY KUMAR-II, J.

                                    1. Heard learned counsel for the petitioner, learned A.G.A. for the State and
                                    Ms. Sadhana Singh, learned counsel for the respondent no. 4 and perused the
                                    record.

                                    2. At the very outset, learned AGA pointed out that in the instant case during
                                    course of investigation, certain graver sections have further been added.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not want to press this petition and seeks
                                    to withdraw it with liberty to file fresh petition with better particulars.

                                    4. In view of the above statement, this writ petition is dismissed as
                                    withdrawn with the aforesaid liberty.

                                    5. Certified copy of the documents be returned to counsel for the petitioner
                                    as per Rules.

                                    May 6, 2026
                                    Monika
                                                                      (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)




Digitally signed by :-
MONIKA KESARWANI
High Court of Judicature at Allahabad


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