Allahabad High Court
DAYANAND YADAVversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Dayanand Yadav, filed a criminal miscellaneous writ petition in the Allahabad High Court. While the petition was pending, the petitioner was arrested and subsequently informed the Court that he no longer wished to pursue the writ and sought to withdraw it. The State’s Additional Government Advocate (AGA) raised no objection to the withdrawal. The Court, noting the petitioner’s clear intention to withdraw and the State’s consent, dismissed the writ petition as withdrawn. No substantive merits of the petition were considered.
Issues considered
- Can a criminal miscellaneous writ petition be withdrawn by the petitioner after arrest?
- Is the Court required to entertain the petition despite the petitioner’s desire to withdraw?
Subjects
- writ petition
- withdrawal
- criminal miscellaneous
- High Court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 15700 of 2026
Dayanand Yadav
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Pratap Singh
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard 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 the petitioner has already been arrested and
as such, he does not want 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withdrawn.
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 8, 2026
Ashutosh/S
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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