Allahabad High Court
AMIT KUMAR MISHRA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition with better particulars.
Summary
The petitioners Amit Kumar Mishra and another filed Criminal Miscellaneous Writ Petition No. 21441 of 2026 before the Allahabad High Court challenging certain actions of the State of U.P. and others. During the hearing, counsel for the petitioners informed the Court that they no longer wished to pursue the petition and sought to withdraw it, requesting liberty to file a fresh petition with better particulars. The State’s Additional Government Advocate and counsel for the third respondent raised no objection to the withdrawal. The Court, noting the petitioners’ clear intention to withdraw, dismissed the writ petition as withdrawn and granted liberty to file a fresh petition if desired. The Court also ordered the return of the certified copies of the relevant documents to the petitioners’ counsel.
Issues considered
- What is the effect of a petitioner's request to withdraw a criminal miscellaneous writ petition before the High Court?
Subjects
- withdrawal of petition
- writ petition
- criminal miscellaneous
- procedural law
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21441 of 2026
Amit Kumar Mishra And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhijeet Ghosh, Ashish Kumar
Counsel for Respondent(s) : G.A., Utkarsh Tripathi
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioners, Shri Utkarsh Tripathi,
learned counsel for the respondent no.3, learned AGA for the State
and perused the record.
3. After some length of arguments, learned counsel for the petitioners
has made a statement at the Bar that he does not intend to press the
petition and seek to withdraw it with liberty to file fresh with better
particulars.
4. Learned AGA for the State and learned counsel for the respondent
no.3 have no objection to the aforesaid prayer.
5. In view of the statement made, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
6. 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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