Allahabad High Court
SUMIT AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.
Summary
The petitioners Sumit and another filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the actions of the State of U.P. and two others. After hearing, counsel for the petitioners sought leave to withdraw the petition, stating they would pursue any other appropriate remedy. The State’s counsel did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw and dismissed the writ petition without addressing its merits. Consequently, the petition stands withdrawn and no substantive order on the original claims was made.
Issues considered
- Whether a criminal miscellaneous writ petition may be withdrawn after filing, and if so, what procedure the Court must follow?
Subjects
- withdrawal of writ petition
- criminal miscellaneous writ
- procedural law
- High Court of Allahabad
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21372 of 2026
Sumit And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atul Kumar Tiwari, Surya Kant Dubey
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Mr. Atul Kumar Tiwari, learned counsel appearing on behalf of
the petitioners, 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.
2. 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 petitioners 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 petitioners and no
objection made by learned counsel appearing on behalf of the
State-respondents, leave granted.
4. Without entering into merits of the case, the instant writ petition
is dismissed as withdrawn with liberty as prayed for.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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