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Allahabad High Court

SARWAR AZIZversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn.

Summary

Petitioner Sarwar Aziz filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an action of the State of U.P. and others. During the hearing, the petitioner's counsel announced that the petitioner no longer wished to pursue the writ and sought to withdraw it. The Additional Government Advocate for the State 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court, noting the petitioner's clear intention to withdraw and the lack of opposition, dismissed the writ petition as withdrawn. The dismissal concluded the proceedings without any substantive adjudication on the merits.

Issues considered

  • Can a petitioner unilaterally withdraw a writ petition after filing it?
  • Does the court require any formal order or hearing to dismiss a petition as withdrawn?

Subjects

  • writ petition
  • withdrawal
  • high court
  • petition dismissed
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 17148 of 2026

                                    Sarwar Aziz
                                                                                         .....Petitioner(s)
                                                                     Versus

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

                                    Counsel for Petitioner(s) : Diwakar Mishra, Rajeev Kumar
                                                                Shukla, Vinod Kumar Singh
                                    Counsel for Respondent(s) : Ajit Kumar Mishra, Atul Kumar
                                                                Shahi, G.A.

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

                                    1. Heard learned counsel for the petitioner, learned A.G.A. for the
                                    State and perused the record.

                                    2. After some length of arguments, learned counsel for the petitioner
                                    has made a statement at the Bar that he does not want to press this
                                    writ petition and seeks to withdraw it.

                                    3. Learned A.G.A. has no objection to the aforesaid prayer.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn.

                                    September 21, 2026
                                    S. Singh

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




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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