Allahabad High Court
NIGAM RAIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the petition to be withdrawn and dismissed the writ petition as withdrawn.
Summary
Petitioner Nigam Rai filed Criminal Miscellaneous Writ Petition No. 15064 of 2026 before the Allahabad High Court. After hearing, senior counsel for the petitioner sought leave to withdraw the petition, stating the petitioner may pursue other remedies. The State of U.P. and another respondent opposed the petition on merits but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw and dismissed the writ petition as withdrawn without addressing its merits. The order was pronounced on September 29, 2026.
Issues considered
- Whether a criminal miscellaneous writ petition may be withdrawn at the stage of hearing without adjudicating its merits
- Whether the court can entertain a petition for leave to withdraw when the respondents do not object
Subjects
- withdrawal of writ petition
- criminal miscellaneous writ
- procedural law
- High Court of Allahabad
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15064 of 2026
Nigam Rai
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jawahir Yadav, Sarvesh Yadav, Shakil Ahmad
Counsel for Respondent(s) : Anadi Krishna Narayana, G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Mr. Sushil Kumar Shukla, learned Senior Advocate assisted by Mr.
Jawahir Yadav, learned counsel for the petitioner, after some length
of arguments, without pressing the matter on merits prayed for leave
to withdraw the present petition, at this stage, with liberty to avail
appropriate remedy available under the law, as advised.
2. Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of the State-
respondents and Mr. Anadi Krishna Narayana, learned counsel
appearing on behalf of respondent no. 2 vehemently opposed the
petition on merits, but have 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 as well as learned counsel for the respondent no. 2,
leave granted.
4. Without entering into merits of the case, the instant writ petition is
dismissed as withdrawn with liberty as prayed for, at this stage.
September 29, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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