Allahabad High Court
SHIVAM KESARWANI AND ANOTHERversusTHE STATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition.
Summary
Petitioners Shivam Kesarwani and another filed a criminal miscellaneous writ petition before the Allahabad High Court challenging aspects of the investigation. During the pendency of the petition, counsel for the petitioners informed the court that the investigating agency had added more serious charges, and the petitioners no longer wished to pursue the present writ petition. They sought to withdraw the petition and requested liberty to file a fresh petition with detailed particulars. The Court, noting the clear request for withdrawal, dismissed the writ petition as withdrawn and granted the petitioners permission to file a new petition if they so desire. The Court also ordered the return of the certified copies of the relevant documents to the petitioners' counsel.
Issues considered
- What is the procedure for withdrawing a criminal miscellaneous writ petition before the High Court?
- Whether the court can dismiss the petition as withdrawn upon the petitioners' request.
Subjects
- withdrawal of writ petition
- criminal miscellaneous writ
- High Court procedure
- petition dismissed
- fresh petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21439 of 2026
Shivam Kesarwani And Another
.....Petitioner(s)
Versus
The State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pranav Tiwary, Shriyanshi Upadhyay
Counsel for Respondent(s) : G.A., Kamlesh Kumar Dwivedi
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioner, learned counsel for the
respondent no.4, 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 in the instant case, during investigation,
certain graver sections has further been added and as such, he does
not intend to further press the instant writ petition and seeks to
withdraw it with liberty to file fresh with better particulars.
3. In view of the statement made, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
4. Certified copy of the relevant documents be returned to the
counsel for the petitioners as per Rules.
September 30, 2026
Sanjeet
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad
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