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Allahabad High Court

ALOK AND ANOTHERversusSTATE OF U.P. AND 2 OTHER

Decided

Holding

The petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

Petitioners Alok and another filed a criminal miscellaneous writ petition before the Allahabad High Court. During proceedings, the Additional Government Advocate highlighted that additional sections had been added to the petition. The petitioners did not contest this fact but expressed a desire to withdraw the petition and seek liberty to file a fresh petition with better particulars. The Court accepted the withdrawal request, dismissed the petition as withdrawn, and granted liberty to file a new petition. Certified copies of the documents were ordered to be returned to the petitioners' counsel.

Issues considered

  • Whether the writ petition can be dismissed as withdrawn upon the petitioners' request?

Subjects

  • writ petition
  • withdrawal
  • procedural law
  • criminal miscellaneous
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 19974 of 2026

                                    Alok And Another
                                                                                           .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s) : Pushpendra   Singh,  Shreyansh
                                                                Pathak
                                    Counsel for Respondent(s) : G.A., Kamalendra Kumar Maurya,
                                                                Mool Chandra Maurya

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

                                    1. Heard learned counsel for the petitioners, learned counsel for
                                    the respondent no.3, learned AGA for the State and perused the
                                    record.

                                    2. At the very outset, learned AGA has pointed out that in the
                                    instant case, certain sections has further been added.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid fact but states that he does not intend to press the
                                    petition and seeks to withdraw it with liberty to file fresh with better
                                    particulars.

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

                                    5. Certified copy of the relevant documents be returned to the
                                    counsel for the petitioners 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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