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Allahabad High Court

PREETAM SINGH AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.

Summary

Petitioners Preetam Singh and another filed Criminal Miscellaneous Writ Petition No. 12181 of 2026 before the Allahabad High Court. After hearing, counsel for the petitioners sought leave to withdraw the petition, stating they would pursue any other appropriate remedy. The State, represented by the learned Additional Government Advocate, opposed the petition on its merits but did not object to the withdrawal request. The Court, noting the absence of objection, granted leave to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn without any consideration of its substantive merits.

Issues considered

  • Whether a party may be permitted to withdraw a criminal miscellaneous writ petition after filing, and what procedural requirements, if any, must be satisfied for such withdrawal.

Subjects

  • writ petition
  • withdrawal
  • procedural law
  • high court
  • criminal miscellaneous

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 12181 of 2026

                                    Preetam Singh And Another
                                                                                            .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 6 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Anant Prakash
                                    Counsel for Respondent(s)                    :   G.A.

                                    Court No. - 48
                                                     HON'BLE CHANDRA DHARI SINGH, J.
                                                     HON'BLE TARUN SAXENA, J.

                                    1. Learned counsel appearing on behalf of the petitioners, after
                                    some length of arguments, without pressing the matter on merits
                                    prayed for leave to withdraw the present petition with liberty to avail
                                    appropriate remedy available under the law, as advised.

                                    2. Learned A.G.A. appearing on behalf of the State-respondents
                                    vehemently opposed the petition on merits, but has not objected
                                    the innocuous prayer made by learned counsel appearing on
                                    behalf of the petitioners for granting leave to withdraw the instant
                                    writ petition.

                                    3. Taking into consideration the submissions and prayer made by
                                    learned counsel appearing on behalf of the petitioners and no
                                    objection made by learned counsel appearing on behalf of the
                                    State-respondents, leave granted.

                                    4. Without entering into merits of the case, the instant writ petition
                                    is dismissed as withdrawn with liberty as prayed for.



                                                                (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 8, 2026
                                    Saurabh




Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad


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