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Allahabad High Court

AVIKAL SHARMA @ AVIKAL KUMAR SHARMA MINORversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

Avikal Sharma, a minor, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against the State of U.P. and others. During the hearing, the petitioner’s counsel informed the court that the petitioner had already been arrested and that he no longer wished to pursue the writ, requesting its withdrawal. The Additional Government Advocate for the State raised no objection to the withdrawal. The court, noting the petitioner’s clear statement and the lack of opposition, ordered the writ petition to be dismissed as withdrawn. The order was pronounced on 17 September 2026.

Issues considered

  • Whether a writ petition can be withdrawn by the petitioner after filing and after arrest

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • minor
  • court discretion

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 20940 of 2026

                                    Avikal Sharma @ Avikal Kumar Sharma Minor
                                                                                           .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s) : Rajesh Kumar
                                    Counsel for Respondent(s) : Deepak Yadav, G.A., Garvit Mishra,
                                                                Rajeshwari Prasad

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

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

                                    2. At the very outset, learned counsel for the petitioner has made a
                                    statement at the Bar that petitioner has already been arrested and,
                                    as such, he does not intend to press this writ petition and seeks to
                                    withdraw it.

                                    3. Learned AGA for the State has no objection to the aforesaid
                                    prayer.

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

                                    September 17, 2026
                                    Ashutosh/S

                                                                  (Devendra Singh-I,J.) (Rajiv Gupta,J.)




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

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