Allahabad High Court
INDRAJEET SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 14‑05‑2025 and a mandamus directing the police not to arrest him. After hearing, the petitioner’s counsel made an innocuous prayer to withdraw the petition and seek alternative remedies. The State’s counsel opposed the petition but did not object to the withdrawal. Since the petitioner did not press the merits, the Court allowed the withdrawal prayer. Consequently, the writ petition was dismissed as withdrawn, granting the petitioner liberty to pursue other remedies.
Issues considered
- Whether a writ petition seeking quash of an FIR and mandamus can be dismissed as withdrawn when the petitioner seeks to withdraw it without pressing the merits
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- withdrawal
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17969 of 2026
Indrajeet Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Diwas Verma, G.S.Chauhan
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioner with the
following main prayers:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing
the impugned First Information Report dated 14.5.2025 registered as
Case Crime No. 502 of 2025, under Sections 316(2), 318(4) BNS, Police
Station- Robertsganj, District-Sonbhadra.
(ii) Issue a writ, order or direction in the nature of Mandamus
commanding the respondents not to arrest the petitioner in pursuance of
impugned First Information Report dated 14.5.2025 registered as Case
Crime No. 502 of 2025, under Sections 316(2), 318(4) BNS, Police
Station-Robertsganj, District-Sonbhadra"
2. After some length of arguments, learned counsel appearing on behalf of
the petitioner made an innocuous prayer that he may be permitted to
withdraw the instant writ petition with liberty to avail the appropriate
remedy available under the law before the appropriate Court as advised.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
4. Heard Mr. G.S.Chauhan, learned counsel appearing on behalf of
petitioner as well as Mr. Rizwan Ahmad, learned A.G.A. appearing on
CRLP No. 17969 of 2026
2
behalf of the State-respondents and perused the material available on
record.
5. Since, learned counsel appearing on behalf of the petitioner has not
pressed the instant writ petition on merits, only made innocuous prayer to
avail appropriate alternative remedy as advised, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…