Created by Fuzzy Cloud

Allahabad High Court

DHARMJEET CHAUHAN AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition with better particulars.

Summary

The petitioners, Dharmjeet Chauhan and two others, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and three others. During the hearing, the petitioner's counsel, Kuber Singh Yadav, announced that the petitioners no longer wished to pursue the present petition and sought to withdraw it, requesting liberty to file a fresh petition with more detailed particulars. The State's Additional Government Advocate (AGA) raised no objection to this request. The Court, after noting the counsel's statement and the lack of opposition, dismissed the writ petition as withdrawn, granting the petitioners liberty to file a new petition if they choose. The Court also ordered the return of the certified copies of the relevant documents to the petitioners' counsel.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioners during the pendency of the proceedings
  • Whether the petitioners may be granted liberty to file a fresh petition with better particulars after withdrawal

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • procedural law
  • high court practice
  • liberty to refile

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 17463 of 2026

                                    Dharmjeet Chauhan And 2 Others
                                                                                           .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s)                :   Kuber Singh Yadav
                                    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 petitioners, learned AGA for the
                                    State and perused the record.

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

                                    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 with the aforesaid liberty.

                                    5. Certified copy of the relevant documents be returned to the
                                    counsel for the petitioners as per Rules.

                                    September 23, 2026
                                    Sanjeet

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




Digitally signed by :-
SANJEET KUMAR YADAV
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.