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Allahabad High Court

UMAN KHAN ALIAS AMAN RAZA KHAN ALIAS OMAAN RAZA KHAN AND ANOTHERversusSTATE OF UP AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioners, Uman Khan and others, filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, the petitioners' counsel expressed a desire to withdraw the petition and seek liberty to file a fresh petition with better particulars. The State’s Additional Government Advocate and the counsel for one of the respondents raised no objection to the withdrawal. The Court, noting the consent of all parties, dismissed the writ petition as withdrawn and granted liberty to file a fresh petition. The court also ordered the return of the certified copies of the documents to the petitioners' counsel.

Issues considered

  • Whether a criminal miscellaneous writ petition may be withdrawn by the petitioner with liberty to file a fresh petition?

Subjects

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

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 21403 of 2026


                                    Uman Khan Alias Aman Raza Khan Alias
                                    Omaan Raza Khan And Another                            .....Petitioner(s)
                                                                    Versus

                                    State Of Up And 4 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s) : Dinesh Rai, Stuti Rai, Sr. Advocate
                                    Counsel for Respondent(s) : G.A., Mukesh Kumar Singh

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

                                    1. Heard learned counsel for the petitioners, learned AGA for the
                                    State, learned counsel for the respondent no.5 and perused the
                                    record.

                                    2. After some length of arguments, learned counsel for the
                                    petitioners has made a statement at the Bar that he does not want
                                    to press the petition and seek to withdraw it with liberty to file fresh
                                    with better particulars.

                                    3. Learned AGA for the State and learned counsel for the
                                    respondent no.5 have no objection.

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

                                    5. Certified copy of the relevant documents be returned to the
                                    counsel for the petitioners as per Rules.

                                    September 23, 2026
                                    S. Singh

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




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

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