Allahabad High Court
DESHRAJ KUSHWAHAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Deshraj Kushwaha, filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, the petitioner’s counsel informed the court that the petitioner had already been arrested and no longer wished to pursue the writ, seeking to withdraw it. The State’s Additional Government Advocate raised no objection to the withdrawal. The court, noting the petitioner’s clear intention to withdraw and the lack of opposition, dismissed the writ petition as withdrawn.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner after filing, especially when the petitioner is under arrest
Subjects
- writ petition
- withdrawal
- criminal procedure
- Allahabad High Court
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15545 of 2026
Deshraj Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhand Pratap Singh, Shobhit
Yadav
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard Shri Akhand Pratap Singh, learned counsel for the
petitioner, learned AGA for the State and perused the record.
2. At the very outset, learned counsel for the petitioner has made a
statement at the Bar that petitioner has already been arrested and, as
such, he does not intend to press this writ petition and seeks to
withdraw it.
3. Learned AGA for the State has no objection to the aforesaid
prayer.
4. In view of the statement made, this writ petition is dismissed as
withdrawn.
September 9, 2026
Ashutosh/S
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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