Allahabad High Court
RAMGOLA @ RAM GOLE AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 20‑07‑2026 and a mandamus to restrain their arrest under Sections 8, 20, 29 and 60 of the NDPS Act. After arguments, the petitioner's counsel made an innocuous prayer to withdraw the petition and pursue alternative remedies. The State counsel opposed the petition but did not object to the withdrawal request. The Court noted that the petition was not pressed on its merits and allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn, granting the petitioners liberty to seek other appropriate remedies.
Issues considered
- Whether a writ petition seeking quash of an FIR under the NDPS Act can be dismissed on the ground of withdrawal by the petitioner
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 60, 8
Subjects
- writ petition
- quash FIR
- NDPS Act
- withdrawal of petition
- certiorari
- mandamus
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18812 of 2026
Ramgola @ Ram Gole And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Kumar Kashyap, Virendra Pal
Singh
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
F.I.R. dated 20.07.2026 (Annexure No.1) in Case Crime No. 0330 of
2026, under Sections 8, 20, 29, 60 NDPS Act, Police Station Malpura,
District Agra.
II. Issue a writ, order or direction in the nature of mandamus
commanding the respondents not to arrest and harass the petitioners on
the basis of impugned F.I.R. dated 20.07.2026 (Annexure No.1) in Case
Crime No. 0330 of 2026, under Sections 8, 20, 29, 60 NDPS Act, Police
Station Malpura, District Agra."
2. After some length of arguments, learned counsel appearing on behalf of
petitioners 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 learned counsel appearing on behalf of the petitioner, Mr.
Raghuvir Singh, learned counsel for respondent no.4 as well as Mr. K.P.
CRLP No. 18812 of 2026
2
Pathak, learned A.G.A. appearing on 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
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