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Allahabad High Court

LAXMANversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

Leave to withdraw the writ petition was granted and the petition dismissed as withdrawn.

Summary

Laxman filed Criminal Miscellaneous Writ Petition No. 20763 of 2026 before the Allahabad High Court. The petitioner, through counsel Deepak Kumar Tripathi, later sought leave to withdraw the petition, requesting liberty to pursue any appropriate remedy under law. The State of U.P. and other respondents, represented by Additional Government Advocate S.K. Ojha, raised no objection to the withdrawal. The Bench comprising Hon'ble Justices Chandra Dhari Singh and Tarun Saxena considered the submissions and the lack of opposition. Accordingly, the court granted leave to withdraw the writ petition. The petition was dismissed as withdrawn with liberty, as prayed.

Issues considered

  • Whether a criminal miscellaneous writ petition may be withdrawn with liberty to avail other remedies?

Subjects

  • withdrawal of writ petition
  • procedural law
  • criminal miscellaneous writ
  • high court jurisdiction
  • liberty to seek alternative remedy

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    CRIMINAL MISC. WRIT PETITION No. - 20763 of 2026

                                    Laxman
                                                                                               .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)                 :   Deepak Kumar Tripathi
                                    Counsel for Respondent(s)                 :   G.A.

                                    Court No. - 48
                                                        HON'BLE CHANDRA DHARI SINGH, J.
                                                        HON'BLE TARUN SAXENA, J.

                                    1. Mr. Deepak Kumar Tripathi, learned counsel appearing on behalf of the
                                    petitioner prayed for leave to withdraw the present writ petition with
                                    liberty to avail appropriate remedy available under the law.

                                    2. Mr. S.K. Ojha, learned Additional Government Advocate appearing on
                                    behalf of the State-respondents has no objection on the prayer made by
                                    learned counsel appearing on behalf of the petitioner for granting leave to
                                    withdraw the instant writ petition.

                                    3. Taking into consideration the submissions and prayer made by learned
                                    counsel appearing on behalf of the petitioner and no objection made by
                                    learned counsel appearing on behalf of the State-respondents, leave
                                    granted.

                                    4. Accordingly, the instant writ petition is dismissed as withdrawn with
                                    liberty, as prayed.



                                                                   (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 9, 2026
                                    SK Srivastava




Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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