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Allahabad High Court

ILMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

Ilma and another filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an action of the State of U.P. and others. During the hearing, the petitioners' counsel announced that they did not wish to pursue the present petition and sought to withdraw it, requesting liberty to file a fresh petition with better particulars. The State's Additional Government Advocate raised no objection to the withdrawal. The Court, after noting the parties' positions, dismissed the writ petition as withdrawn and granted the petitioners liberty to file a new petition. The certified copies of the documents were ordered to be returned to the petitioners' counsel.

Issues considered

  • What is the procedure for withdrawing a criminal miscellaneous writ petition and whether the court can permit the petitioners to file a fresh petition thereafter?

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • procedural law
  • high court practice

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 20027 of 2026

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

                                    State Of U.P. And 3 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)          :    Rahul Kumar, Surbhi Bhardwaj
                                    Counsel for Respondent(s)          :    G.A.

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

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

                                    2. After some arguments, learned counsel for the petitioners 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 State 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 petitioners as per Rules.



                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 8, 2026
                                    Ashutosh/S




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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