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Allahabad High Court

JAYKESH NISHADversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition with better particulars.

Summary

The petitioner, Jaykesh Nishad, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging certain aspects of the investigation, wherein additional serious sections were added. During the hearing, the petitioner’s counsel acknowledged the facts but expressed a desire to withdraw the petition and seek a fresh filing with better particulars. The State’s Additional Government Advocate noted the addition of graver sections but did not contest the withdrawal. The Court considered the petitioner’s request to withdraw the writ. Accordingly, the Court dismissed the petition as withdrawn, granting liberty to the petitioner to file a fresh petition if desired.

Issues considered

  • Whether a writ petition can be dismissed as withdrawn upon the petitioner's request

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 16111 of 2026

                                    Jaykesh Nishad
                                                                                         .....Petitioner(s)
                                                                   Versus

                                    State Of U.P. And 3 Others
                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s) : Arvind Prabodh Dubey, Rakesh
                                                                Yadav
                                    Counsel for Respondent(s) : Alok Kumar Rai, 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, Shri Alok Kumar Rai, learned counsel for the respondent
                                    no.4 and perused the record.

                                    2. At the very outset, learned AGA for the State has pointed out
                                    that in the instant case, during the course of investigation, certain
                                    graver sections has further been added.

                                    3. Learned counsel for the petitioner could not dispute the
                                    aforesaid facts but states that he does not intend to further press
                                    this writ petition and seeks to withdraw it with liberty to file fresh
                                    with better particulars.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.
                                    September 9, 2026
                                    Nadim

                                                                (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad


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