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Allahabad High Court

PRASHANTversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.

Summary

Petitioner Prashant filed a criminal miscellaneous writ petition seeking a mandamus directing the State to produce CCTV footage from a police station for specific dates. During the hearing, the petitioner's counsel requested to withdraw the petition, seeking liberty to pursue other remedies. The State's counsel opposed the substantive relief but did not object to the withdrawal request. The Court, noting the petitioner's request and the lack of objection, granted leave to withdraw. Consequently, the petition was dismissed as withdrawn without addressing the merits.

Issues considered

  • Whether the Court may grant leave to withdraw a criminal miscellaneous writ petition at the petitioner's request.

Subjects

  • withdrawal of writ petition
  • mandamus
  • CCTV footage
  • criminal miscellaneous writ petition
  • procedural relief

Judgment

                                            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                           CRIMINAL MISC. WRIT PETITION No. - 19464 of 2026

                                    Prashant
                                                                                                .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Mrityunjay Dwivedi
                                    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 seeking the following main
                                    reliefs:-

                                         "(1). Issue a writ, order or direction in the nature of mandamus
                                         commanding the respondents to produce the CCTV Footage of
                                         Police Station Gabhana from 08.06.2026 to 11.06.2026."

                                    2. Learned counsel appearing on behalf of the petitioner, after some length
                                    of arguments, without pressing the matter on merits prayed for leave to
                                    withdraw the present petition with liberty to avail appropriate remedy
                                    available under the law, as advised.

                                    3. Learned A.G.A. appearing on behalf of the State-respondents vehemently
                                    opposed the petition on merits, but has not objected the innocuous prayer
                                    made by learned counsel appearing on behalf of the petitioner for granting
                                    leave to withdraw the instant writ petition.

                                    4. Taking into consideration the submissions and prayer made by learned
                                    counsel appearing on behalf of the petitioner and no objection made by
                                    learned counsel appearing on behalf of the State-respondents, leave granted.

                                    5. Without entering into merits of the case, the instant writ petition is
                                    dismissed as withdrawn with liberty as prayed.

                                    September 9, 2026
                                    C. MANI
                                                                 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)




Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad


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