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Allahabad High Court

AJIT PANDEY AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioners, Ajit Pandey and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging aspects of an investigation in which certain statutory sections had been amended. The State’s Additional Government Advocate acknowledged the amendment of sections but the petitioners did not contest this fact. Instead, the petitioners expressed a desire to withdraw the present petition and seek liberty to file a fresh petition with more detailed particulars. The Court accepted this request and dismissed the writ petition as withdrawn, granting the petitioners permission to file a new petition later. Certified copies of the case documents were ordered to be returned to the petitioners’ counsel.

Issues considered

  • Whether a writ petition can be withdrawn after the investigation has led to amendment of statutory sections

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • section amendment
  • high court
  • procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 21735 of 2026

                                    Ajit Pandey And Another
                                                                                           .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)             :    Mukesh Kumar Pandey
                                    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 sections
                                    have been amended.

                                    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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