Created by Fuzzy Cloud

Allahabad High Court

RISHI KUMAR BUDHAURIYAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court granted leave to withdraw the petition and dismissed it as withdrawn.

Summary

Petitioner Rishi Kumar Budhauriya filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 12.08.2026 and a mandamus to restrain his arrest. After arguments, the petitioner’s counsel requested leave to withdraw the petition, offering to pursue other remedies. The State’s counsel opposed the merits but did not object to the withdrawal request. The Court, noting the petitioner’s request and the lack of objection, granted leave to withdraw. Consequently, the petition was dismissed as withdrawn without addressing the substantive issues.

Issues considered

  • Whether a criminal miscellaneous writ petition may be withdrawn with the Court's permission.

Legislation cited

  • BNS — s. 115(2), 351(2), 80(2), 85
  • D.P. Act — s. 3, 4

Subjects

  • writ petition
  • criminal miscellaneous
  • withdrawal
  • certiorari
  • mandamus
  • FIR quash
  • High Court

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

            CRIMINAL MISC. WRIT PETITION No. - 21336 of 2026

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

Counsel for Petitioner(s)                   :   Avdhesh Narayan Tiwari
Counsel for Respondent(s)                   :   G.A.

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

1. The instant writ petition has been filed seeking the following main
reliefs:-

      "(1). Issue a writ, order or direction in the nature of certiorari
      quashing the impugned F.I.R. dated 12.08.2026 bearing Case
      Crime No. 0171 of 2026, under Sections 80(2), 85, 115(2) and
      351 (2) of BNS read with Section 3 & 4 of D.P. Act, Police
      Station Kotwali Konch, District Jalaun.

      (2) Issue a writ, order or direction in the nature of mandamus
      commanding the respondents not to arrest the petitioners pursuant
      to the impugned FIR dated 12.08.2026 bearing Case Crime No.
      0171 of 2026, under Sections 80(2), 85, 115(2) and 351 (2) of
      BNS read with Section 3 & 4 of D.P. Act, Police Station Kotwali
      Konch, District Jalaun."

2. Learned counsel appearing on behalf of the petitioner, after some length
of arguments, without pressing the matter on merits prayed for leave to
withdraw the present petition with liberty to avail appropriate remedy
available under the law, as advised.

3. Learned A.G.A. appearing on behalf of the State-respondents vehemently
opposed the petition on merits, but has not objected the innocuous prayer
made by learned counsel appearing on behalf of the petitioner for granting
leave to withdraw the instant writ petition.

4. Taking into consideration the submissions and prayer made by learned
                                                                                             CRLP No. 21336 of 2026
                                                                    2


                                    counsel appearing on behalf of the petitioner and no objection made by
                                    learned counsel appearing on behalf of the State-respondents, leave granted.

                                    5. Without entering into merits of the case, the instant writ petition is
                                    dismissed as withdrawn with liberty as prayed.




                                    September 8, 2026                   (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    C. MANI




Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.