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Allahabad High Court

CHANDRASHEKHAR KUMAR MAJHIversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Chandrashekhar Kumar Majhi, filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 20 July 2026 under Section 3(1) of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, and a mandamus directing the State not to arrest him. After hearing, the petitioner’s counsel made an innocuous prayer to withdraw the petition and seek appropriate remedy elsewhere. 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 Consequently, the writ petition was dismissed as withdrawn, granting the petitioner liberty to pursue other remedies.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  • Whether a writ petition seeking quash of an FIR and mandamus can be dismissed as withdrawn when the petitioner seeks to withdraw the petition without pressing the merits

Legislation cited

Subjects

  • writ petition
  • quash FIR
  • certiorari
  • mandamus
  • U.P. Gangsters and Anti Social Activities (Prevention) Act
  • withdrawal
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 18958 of 2026

Chandrashekhar Kumar Majhi
                                                            .....Petitioner(s)
                                  Versus

State Of Uttar Pradesh And 3 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)                  :   Varun Kumar Chaubey
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. To issue a writ, order or direction in the nature of certiorari quashing
the impugned F.I.R. dated 20.07.2026 registered as Case Crime No.
0204/2026, under Section 3(1) U.P. Gangsters and Anti Social Activities
(Prevention) Act, 1986, Police Station Padri, District Mirzapur.

II. To Issue a writ order or direction in the nature of mandamus directing
the respondents not to arrest the petitioner in pursuance to F.I.R. dated
20.07.2026 registered as Case Crime No. 0204/2026, under Section 3(1)
U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police
Station Padri, District Mirzapur."

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 learned counsel appearing on behalf of the petitioner as well as
Mr. K.P. Pathak, learned A.G.A. appearing on behalf of the State-
                                                                                         CRLP No. 18958 of 2026
                                                                  2


                                    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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