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Allahabad High Court

SURAJ PATEL AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to file afresh.

Summary

Petitioners Suraj Patel and another filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, counsel for the petitioners expressed a desire to withdraw the petition and seek liberty to file a fresh petition with better particulars. The State’s Additional Government Advocate raised no objection to this request. The Court, noting the petitioners’ clear intention to withdraw and the lack of opposition, dismissed the writ petition as withdrawn, granting liberty to re‑file. The court also ordered the return of the certified copies of the relevant documents to the petitioners’ counsel.

Issues considered

  • Whether the writ petition may be withdrawn by the petitioners with liberty to file a fresh petition?

Subjects

  • withdrawal of petition
  • criminal miscellaneous writ
  • procedural law
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                          CRIMINAL MISC. WRIT PETITION No. - 18194 of 2026

                                    Suraj Patel And Another
                                                                                            .....Petitioner(s)
                                                                    Versus
                                    State Of U.P. And 2 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Pawan Kumar Patel
                                    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 intend to press the
                                    petition and seek to withdraw it with liberty to file afresh 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 9, 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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