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Allahabad High Court

AKANKSHA DEVI @ AKANKSHA SHIVHAREversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition with better particulars.

Summary

The petitioner, Akanksha Devi, filed a criminal miscellaneous writ petition challenging the investigation in which the charge under Section 103 of the B.N.S., 2023 was later substituted by Section 108 of the same Act. During the hearing, the petitioner’s counsel admitted the factual correctness of the substitution but expressed a desire to withdraw the writ and seek permission to file a fresh petition with more detailed particulars. The State’s Additional Government Advocate and the counsel for the fourth respondent raised no objection to the withdrawal. The Court, after noting the petitioner’s clear intention and the lack of opposition, allowed the withdrawal and dismissed the writ petition, granting liberty to file a fresh petition if required. The order also directed the return of any certified copies of documents to the petitioner’s counsel.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner at the hearing stage
  • Whether the petitioner may be granted liberty to file a fresh petition with better particulars after withdrawal

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • substitution of charge
  • liberty to file fresh petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 17475 of 2026

                                    Akanksha Devi @ Akanksha Shivhare
                                                                                         .....Petitioner(s)
                                                                   Versus

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

                                    Counsel for Petitioner(s) : Abhishek Tripathi, Akhilesh Kumar
                                                                Mishra, Laxmi Devi
                                    Counsel for Respondent(s) : Dharmendra Kumar, 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, Sri Dharmendra Kumar, 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, offence
                                    under Section 103 of B.N.S., 2023 has been substituted by Section
                                    108 of B.N.S., 2023.

                                    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. Learned AGA for the State as well as learned counsel for the
                                    respondent no.4 has no objection to the aforesaid prayer.

                                    5. In view of the statement made, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.

                                    6. Certified copy of the relevant documents, if any, be returned
                                    back to learned counsel for the petitioner as per Rules.
                                    September 23, 2026
                                    Nadim

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




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

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