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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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