Allahabad High Court
FARMAN RAZA @ BABU AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to file a fresh petition.
Summary
The petitioners, Farman Raza @ Babu and another, filed a criminal miscellaneous writ petition challenging aspects of the investigation, during which an additional section was added. The Attorney General highlighted this addition, which the petitioners did not dispute. However, the petitioners expressed a desire to withdraw the writ petition and seek liberty to file a fresh petition with better particulars. Both the Attorney General and the respondent's counsel had no objection to this request. The Court, therefore, dismissed the writ petition as withdrawn, granting the petitioners liberty to file a fresh petition. A certified copy of the FIR was ordered to be returned to the petitioners' counsel.
Issues considered
- Whether the writ petition can be dismissed as withdrawn at the petitioners' request
- Whether the petitioners should be granted liberty to file a fresh petition with better particulars
Subjects
- criminal procedure
- writ petition
- withdrawal
- fresh filing
- investigation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19315 of 2026
Farman Raza @ Babu And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lal Bahadur, Ram Sajiwan Prajapati
Counsel for Respondent(s) : G.A., Krishna Dutt Tiwari
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioners, learned counsel for respondent
no.4 and learned A.G.A.
2. At the very outset, learned A.G.A. has pointed out that that during the
course investigation, certain section has further been added.
3. Learned counsel for the petitioners could not dispute the aforesaid fact but
states that he does not want to press this writ petition and seeks to withdraw it,
with liberty to file fresh with better particulars.
4. Learned AGA as well learned counsel for respondent no. 4 has no objection
to the aforesaid prayer.
5. In view of the above, this writ petition is dismissed as withdrawn, with
aforesaid liberty.
6. Certified copy of the impugned F.I.R. be returned back to learned counsel
for petitioners as per Rules.
September 8, 2026
R
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
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