Allahabad High Court
BEERESH KUMAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition with better particulars.
Summary
The petitioners, Beeresh Kumar and four others, filed a criminal miscellaneous writ petition before the Allahabad High Court against the State of Uttar Pradesh and three other respondents. During the hearing, the petitioner's counsel, Mr. Nikhil Pratap Singh, announced that the petitioners no longer wished to pursue the present petition and intended to withdraw it, seeking liberty to file a fresh petition with more detailed particulars. The respondents' counsel, including Ashish Tripathi, G.A., raised no objection to this request. The Court, after noting the petitioner's statement and the lack of opposition, dismissed the writ petition as withdrawn and granted the petitioners liberty to re‑file a new petition. The Court also ordered that the certified copies of the relevant documents be returned to the petitioners' counsel in accordance with the Rules.
Issues considered
- Whether a criminal miscellaneous writ petition may be withdrawn by the petitioner during the pendency of the proceedings and be dismissed as withdrawn
Subjects
- withdrawal of writ petition
- high court procedure
- criminal miscellaneous writ
- re‑filing of petition
- return of documents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18579 of 2026
Beeresh Kumar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar
Counsel for Respondent(s) : Ashish Tripathi, G.A., Nikhil Pratap
Singh
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioners, Mr. Nikhil Pratap Singh,
learned counsel for the respondent no.4, 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 and learned counsel for the respondent
no.4 have 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withdrawn with the aforesaid liberty.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 28, 2026
Ashutosh/S
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
Checking your session…