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Allahabad High Court

ABHAYA NARAYAN UPADHYAYAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn.

Summary

The petitioner, Abhaya Narayan Upadhyaya, filed Criminal Miscellaneous Writ Petition No. 17381 of 2026 before the Allahabad High Court challenging a matter against the State of U.P. and two others. During the hearing, the petitioner's counsel announced at the Bar that the petitioner no longer wished to pursue the writ and sought to withdraw it. The Additional Government Advocate (AGA) representing the State raised no objection to the withdrawal. The Court considered the petitioner's clear intention to discontinue the proceedings and the lack of any opposition. Consequently, the Court dismissed the writ petition as withdrawn, thereby terminating the suit without addressing any substantive merits.

Issues considered

  • What is the procedural effect of a petitioner's request to withdraw a writ petition after filing?

Subjects

  • writ petition
  • withdrawal
  • high court
  • procedural law
  • civil procedure

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 17381 of 2026

                                    Abhaya Narayan Upadhyaya
                                                                                            .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s) : Gyanendra Kumar Singh, Sarvesh
                                                                Kumar 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. 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 16, 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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