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Allahabad High Court

SHAHJADversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.

Summary

Petitioner Shahjad filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, counsel for the petitioner, Mohd. Wasim, sought leave to withdraw the petition, stating the petitioner would pursue other appropriate remedies. The State, represented by A.G.A. G.A., opposed the petition on its merits but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw. Consequently, the writ petition was dismissed as withdrawn without any consideration of its substantive merits.

Issues considered

  • Whether a petitioner may be permitted to withdraw a criminal miscellaneous writ petition after filing

Subjects

  • withdrawal of writ petition
  • procedural law
  • criminal miscellaneous writ
  • high court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 22188 of 2026

                                    Shahjad
                                                                                              .....Petitioner(s)
                                                                    Versus
                                    State Of U.P. And 4 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    Mohd. Wasim
                                    Counsel for Respondent(s)                      :    G.A.

                                    Court No. - 48
                                                       HON'BLE CHANDRA DHARI SINGH, J.
                                                       HON'BLE TARUN SAXENA, J.


                                    1. Mohd. Wasim, learned counsel appearing on behalf of the
                                    petitioner, after some length of arguments, without pressing the
                                    matter on merits prayed for leave to withdraw the present petition
                                    with liberty to avail appropriate remedy available under the law, as
                                    advised.

                                    2. Learned A.G.A. appearing on behalf of the State-respondents
                                    vehemently opposed the petition on merits, but has not objected
                                    the innocuous prayer made by learned counsel appearing on
                                    behalf of the petitioner for granting leave to withdraw the instant
                                    writ petition.

                                    3. Taking into consideration the submissions and prayer made by
                                    learned counsel appearing on behalf of the petitioner and no
                                    objection made by learned counsel appearing on behalf of the
                                    State-respondents, leave granted.

                                    4. Without entering into merits of the case, the instant writ petition
                                    is dismissed as withdrawn with liberty as prayed.

                                    September 15, 2026
                                    Saurabh
                                                                  (Tarun Saxena,J.) (Chandra Dhari Singh,J.)




Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad


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