Created by Fuzzy Cloud

Allahabad High Court

HARI PRAKASH MITTAL AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition.

Summary

Petitioners filed a criminal miscellaneous writ petition (No. 16707 of 2026) before the Allahabad High Court. During the hearing, counsel for the petitioners expressed a desire to withdraw the petition and seek liberty to file a fresh petition with better particulars. The Additional Government Advocate (AGA) raised no objection to this request. The Court, after noting the parties' positions, dismissed the writ petition as withdrawn, granting the petitioners liberty to file a fresh petition. Additionally, the certified copy of the impugned FIR was ordered to be returned to the petitioners' counsel as per procedural rules.

Issues considered

  • What is the appropriate procedure for withdrawing a criminal miscellaneous writ petition?
  • Whether the petitioners may be granted liberty to file a fresh petition after withdrawal?

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • procedural law
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 16707 of 2026

                                    Hari Prakash Mittal And 3 Others
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)       : Ram Adhar Yadav, Satendra Kumar
                                    Counsel for Respondent(s)       : G.A.

                                    Court No. - 47
                                                     HON'BLE RAJIV GUPTA, J.
                                                     HON'BLE DEVENDRA SINGH-I, J.

                                    1. After some arguments, learned counsel for the petitioners has made a
                                    statement at the Bar that he does not want to press this writ petition and
                                    seeks to withdraw it with liberty to file fresh with better particulars.

                                    2. Learned AGA has no objection to the aforesaid prayer.


                                    3. In view of the above, this writ petition is dismissed as withdrawn with
                                    the aforesaid liberty.

                                    4. Certified copy of the impugned FIR be returned back to learned
                                    counsel for the petitioner as per Rules.


                                                                    (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 9, 2026
                                    R




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.