Created by Fuzzy Cloud

Allahabad High Court

RAKESH KUMAR @ SADHU AND 6 OTHERSversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The writ petition is dismissed, but the petitioners are granted liberty to file a fresh writ petition.

Summary

Petitioners Rakesh Kumar @ Sadhu and six others filed a criminal miscellaneous writ petition seeking leave to withdraw the petition and obtain liberty to file a fresh writ petition. The petition was heard before Hon'ble Judges Ajay Bhanot and Divesh Chandra Samant. The Court dismissed the writ petition but granted the petitioners liberty to file a fresh writ petition. No substantive merits of the original petition were decided. The order was dated September 24, 2026.

Issues considered

  • Whether a party may be permitted to withdraw a criminal miscellaneous writ petition
  • Whether the Court can grant liberty to file a fresh writ petition after dismissal

Subjects

  • withdrawal of writ petition
  • fresh writ petition
  • procedural law
  • criminal miscellaneous writ

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 19767 of 2026

                                    Rakesh Kumar @ Sadhu And 6 Others
                                                                                             .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 3 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)       : Abhishek Kumar      Shukla,    Avinash
                                                                      Chandra Tiwari
                                    Counsel for Respondent(s)       : G.A.

                                    Court No. - 49
                                                     HON'BLE AJAY BHANOT, J.
                                                     HON'BLE DIVESH CHANDRA SAMANT, J.

                                    Shri Abhishek Kumar Shukla, learned counsel for the petitioners
                                    seek leave to withdraw the writ petition with liberty to file a
                                    fresh writ petition.

                                    The writ petition is dismissed with the aforesaid liberty.


                                                                (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 24, 2026
                                    Dhananjai




Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.