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Allahabad High Court

ASHISH SINGH MINORversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.

Summary

Ashish Singh Minor filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, the petitioner’s counsel expressed a desire to withdraw the petition and seek permission to file a fresh petition with better particulars. The State’s Additional Government Advocate raised no objection to this request. The Court, after noting the parties' positions, dismissed the writ petition as withdrawn, granting the petitioner liberty to file a new petition. The court also ordered the return of the certified copies of relevant documents to the petitioner’s counsel.

Issues considered

  • Whether a writ petition can be withdrawn at the stage of hearing with liberty to file a fresh petition.

Subjects

  • withdrawal of writ petition
  • procedural law
  • civil procedure
  • high court
  • liberty to file fresh petition

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 19963 of 2026

                                    Ashish Singh Minor
                                                                                         .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Rajesh Kumar Singh
                                    Counsel for Respondent(s)       : G.A., Vishveshwar Mani Tripathi

                                    Court No. - 47
                                                     HON'BLE RAJIV GUPTA, J.
                                                     HON'BLE DEVENDRA SINGH-I, J.

                                    1. Heard learned counsel for the petitioner, learned AGA for the
                                    State and perused the record.

                                    2. After some arguments, learned counsel for the petitioner has
                                    made a statement at the Bar that he does not intend to press this
                                    petition and seeks to withdraw it with liberty to file fresh petition
                                    with better particulars.

                                    3. Learned AGA for the Staate has no objection to the aforesaid
                                    prayer.

                                    4. In view of the above statement, this writ petition is dismissed as
                                    withdrawn with the aforesaid liberty.

                                    5. Certified copy of the relevant documents be returned to counsel
                                    for the petitioner as per Rules.

                                    October 1, 2026
                                    Sanjeet

                                                                (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad


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