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Allahabad High Court

AAJAM AND ANOTHERversusSTATE OF U.P. AND 3 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The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition with better particulars.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

Petitioners Aajam and another filed a criminal miscellaneous writ petition (No. 21734 of 2026) challenging actions of the State of U.P. and three others. During the investigation, the authorities added more serious charges. The petitioners acknowledged this fact but chose not to pursue the present petition, seeking instead to withdraw it and obtain permission to file a fresh petition with more detailed particulars. The Court accepted their request, dismissed the writ petition as withdrawn, and granted them liberty to file a new petition. Certified copies of the documents were ordered to be returned to the petitioners' counsel.

Issues considered

  • What is the appropriate procedural disposition when a petitioner seeks to withdraw a criminal miscellaneous writ petition and requests liberty to file a fresh petition?

Subjects

  • writ petition
  • criminal miscellaneous
  • withdrawal
  • fresh petition
  • investigation
  • procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 21734 of 2026

                                    Aajam And Another
                                                                                           .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s) : Ajay Kumar, Gyanendra Singh Patel
                                    Counsel for Respondent(s) : G.A.

                                    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 and perused the record.

                                    2. At the very outset, learned AGA has pointed out that, in the
                                    instant case, during the course of investigation certain graver
                                    sections have further been added.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid fact but states that he does not intend to press the
                                    petition and seeks to withdraw it with liberty to file fresh with better
                                    particulars.

                                    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 17, 2026
                                    Ashutosh/S

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




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

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