Allahabad High Court
MANOJ KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that a petitioner may be allowed to withdraw a writ petition, provided the request is innocuous and there is no objection from the opposite party.
Summary
Manoj Kumar filed a criminal miscellaneous writ petition before the Allahabad High Court. After hearing, counsel for the petitioner prayed for leave to withdraw the petition, indicating an intention to pursue other legal remedies. The State of U.P., represented by the Additional Government Advocate, raised no objection to the withdrawal. The Court, noting the innocuous nature of the request and the absence of any objection, granted leave to withdraw the writ petition. Consequently, the petition was ordered to be disposed, with liberty to approach the appropriate court for any further remedy.
Issues considered
- Whether a petitioner may be permitted to withdraw a criminal miscellaneous writ petition after filing
- Whether the absence of objection from the State is a prerequisite for granting such withdrawal
Subjects
- withdrawal of writ petition
- procedural law
- criminal miscellaneous writ
- high court discretion
- liberty to seek remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19461 of 2026
Manoj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Muktesh Kumar Singh
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Learned counsel appearing on behalf of petitioner, after some length of
arguments, prayed for leave to withdraw the present petition with liberty
to take appropriate remedy available under the law.
2. Learned A.G.A. appearing on behalf of the State-respondents has no
objection to the innocuous prayer made by learned counsel for the
petitioner.
3. Heard Mr. Muktesh Kumar Singh, learned counsel for the petitioner
and Mr. S.N. Tiwari, learned AGA appearing for the State-respondents.
4. Taking into consideration, the innocuous prayer made by learned
counsel for the petitioner and no objection by the learned AGA, the
petitioner is permitted to withdraw the writ petition with liberty to take
appropriate remedy available under the law.
5. Leave granted.
6. The instant writ petition is disposed of with liberty to avail appropriate
remedy available under law before appropriate Court.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 23, 2026
Prajapati RK
Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad
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