Allahabad High Court
RAFIK ALIversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.
Summary
Petitioner Rafik Ali filed a criminal miscellaneous writ petition under Article 226 seeking a certiorari to quash an order dated 18.03.2026 issued by the Superintendent of Police, Kushinagar, under Sections 2 and 3 of the U.P. Gunda Control Act, 1970. The State’s Additional Advocate General raised a preliminary objection that the petition was misconceived and not maintainable. In response, the petitioner’s counsel consented to withdraw the petition, requesting liberty to file a fresh petition with better particulars. The respondents raised no objection to this withdrawal. The High Court, after noting the parties’ positions, dismissed the writ petition as withdrawn and vacated any interim order, granting the petitioner liberty to re‑file a fresh petition.
Issues considered
- What is the maintainability of the writ petition under Article 226?
- Can a writ petition be withdrawn and dismissed by the court upon the petitioner's request?
Legislation cited
- U.P. Gunda Control Act, 1970 — s. 2, 3
Subjects
- Article 226
- writ petition
- quashing order
- Gunda Control Act
- withdrawal of petition
- maintainability
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20640 of 2026
Rafik Ali
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Munna Tiwari, Shivam Kumar
Modanwal
Counsel for Respondent(s) : G.A.
Court No. - 46
HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Sandeep Kumar Singh, Advocate, holding brief of Mr. Munna
Tiwari, the learned counsel for petitioner and the learned A.G.A. for State
respondents 1 & 2.
2. Perused the record.
3. Petitioner-Rafik Ali has approached this Court by means of present
Criminal Misc. Writ Petition under Article 226 of the Constitution of India
with the following prayer:-
"Issue a writ, order or direction in the nature of certiorari to quashing the
order dated 18.03.2026 passed by respondent no.2 i.e. Superintendent of
Police, Kushinagar in letter dated Respondent-SP-53 of 2026 dated
18.03.2026 under Section 2/3 of U.P. Gunda Control Act, 1970, Police
Station Kotwali, District Kushinagar."
4. At the very outset, the learned A.G.A. has raised a preliminary objection
by contending that the present writ petition is misconceived and therefore,
not maintainable. As such, the same is liable to be dismissed on the aforesaid
ground.
5. When confronted with above, the learned counsel for petitioner fairly
submits that present writ petition be dismissed as withdrawn with liberty to
file a fresh at appropriate stage with better particulars and details and proper
relief.
CRLP No. 20640 of 2026
2
6. Learned A.G.A. for State-respondents 1 and 2 has no objection to the
prayer made by the learned counsel for petitioner.
7. In view of above, the present writ petition is, accordingly, dismissed as
withdrawn, with liberty aforesaid.
8. Interim order, if any, shall stand vacated.
September 15, 2026
Imtiyaz
(Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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