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The writ petition is dismissed as withdrawn, with liberty to file a fresh petition.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 The Court accepted this request and dismissed the writ petition as withdrawn, granting the petitioners permission to file a new petition later.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- Whether a writ petition can be withdrawn after the investigation has led to amendment of statutory sections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withdrawn with the aforesaid liberty.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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