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Allahabad High Court

AKHILESH AND ANOTHERversusTHE STATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to file afresh.

Summary

Petitioners Akhilesh and another filed a criminal miscellaneous writ petition seeking relief. After a final report was filed, the petitioners, through counsel, requested to withdraw the petition. The Court accepted the prayer, dismissed the petition as withdrawn, and granted liberty to file a fresh petition if desired. The order was communicated to the Superintendent of Police, Mainpuri and the Station House Officer, Bhognipur. No substantive merits were adjudicated as the petition was withdrawn.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn after the filing of a final report

Subjects

  • withdrawal of petition
  • criminal miscellaneous writ
  • final report

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 20547 of 2025

                                    Akhilesh and another
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    The State of U.P. and others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :     Hari Nath Chaubey
                                    Counsel for Respondent(s)                :     G.A., Sanjay Kumar Yadav

                                    Court No. - 47
                                                             HON'BLE J.J. MUNIR, J.
                                                             HON'BLE TARUN SAXENA, J.

                                    1.       Learned Counsel for the petitioners informs us that a Final Report

                                    has been filed, and therefore, he wishes to withdraw this petition.

                                    2.      The prayer is accepted.

                                    3.      Accordingly, this petition is dismissed as withdrawn with liberty to

                                    file afresh.


                                    4.            Mr. Shashi Shekhar Tiwari, learned Additional Government

                                    Advocate, is present on behalf of the State.


                                    5.       The Registrar (Compliance) is directed to communicate this order to

                                    the Superintendent of Police, Mainpuri and the Station House Officer,

                                    Police Station Bhognipur, Mainpuri, both through the learned Chief

                                    Judicial Magistrate, Mainpuri.



                                                                                 (Tarun Saxena,J.) (J.J. Munir,J.)
                                    May 14, 2026
                                    I. Batabyal




Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad


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