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Allahabad High Court

ABHISHEK KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court may grant leave to withdraw a writ petition if the petitioner seeks it and the respondent raises no objection, resulting in dismissal of the petition as withdrawn.

Summary

The petitioner, Abhishek Kumar, filed a criminal miscellaneous writ petition before the Allahabad High Court. Subsequently, counsel for the petitioner sought leave to withdraw the petition, and the State of U.P. and other respondents, represented by the Additional Government Advocate, raised no objection. The Court considered the request and, finding no prejudice to the respondents, granted leave to withdraw. Accordingly, the writ petition was dismissed as withdrawn. The order was pronounced on September 14, 2026 by Judges Chandra Dhari Singh and Tarun Saxena.

Issues considered

  • Whether the High Court may grant leave to withdraw a criminal miscellaneous writ petition when the respondent does not object

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL MISC. WRIT PETITION No. - 21226 of 2026

                                    Abhishek Kumar
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)       : Bhiya Vikash Bharti, Dewarshi Kumar
                                                                      Rai
                                    Counsel for Respondent(s)       : G.A.

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

                                    1. Mr. Dewarshi Kumar Rai, learned counsel appearing on behalf of the
                                    petitioner prayed for leave to withdraw the present writ petition.

                                    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.

                                    September 14, 2026
                                    Shweta
                                                                 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad


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