Allahabad High Court
FIRM S.J. ENTERPRISESversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court allowed the petition to be withdrawn and dismissed the writ petition as withdrawn.
Summary
S.J. Enterprises filed Criminal Miscellaneous Writ Petition No. 14031 of 2026 before the Allahabad High Court challenging actions of the State of Uttar Pradesh and two others. After hearing, the petitioner's counsel sought leave to withdraw the petition, stating the petitioner would pursue other appropriate remedies. The State's counsel did not oppose the withdrawal. The Court, noting the lack of objection, granted leave to withdraw and dismissed the writ petition without addressing its merits. The order effectively closed the proceedings, allowing the petitioner to seek relief through other legal avenues.
Issues considered
- Whether a petitioner may be permitted to withdraw a criminal miscellaneous writ petition after filing
- Whether the court can dismiss the petition without examining its merits upon withdrawal
Subjects
- writ petition
- withdrawal
- criminal miscellaneous
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14031 of 2026
Firm S.J. Enterprises
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Dwivedi, Kalp Dev Mishra,
Kamlesh Kumar Dwivedi
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Mr. K.K. Dwivedi, learned counsel appearing on behalf of the
petitioner, 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 petitioner 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 petitioner 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is dismissed as withdrawn with liberty as prayed.
(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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