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Allahabad High Court

POORAN LAL AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court granted leave to withdraw the petition and dismissed it as withdrawn.

Summary

The physical record of Criminal Miscellaneous Writ Petition No. 22206 of 2026 was misplaced, and a digitized copy was placed before the Court. The petitioners, through counsel, sought leave to withdraw the petition without pressing it on merits, seeking liberty to pursue any other appropriate remedy. The State and other respondents opposed the petition on merits but did not object to the withdrawal request. The Court, noting the absence of objection to the withdrawal and the petitioners' prayer, granted leave to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn without any consideration of its merits.

Issues considered

  • Whether a criminal miscellaneous writ petition may be withdrawn at the petitioners' request without the Court examining its merits

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • high court procedure
  • petition dismissed as withdrawn
  • court discretion

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 22206 of 2026

Pooran Lal And 4 Others
                                                             .....Petitioner(s)
                                  Versus
State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)     :   Bhohit Kumar, Manish Kumar, Suvrat Khare
Counsel for Respondent(s)     :   G.A., Ramesh Kumar

Court No. - 48
                   HON'BLE CHANDRA DHARI SINGH, J.
                   HON'BLE ABDUL SHAHID, J.



1. As per the office report, the physical record of the instant
Criminal Misc. Writ Petition No. 22206 of 2026 has inadvertently
been misplaced in the office. Every effort is being made to trace
the original file. In the meantime, a printed copy of the digitized
record is being placed before the Hon'ble Court.

2. The office is directed to make all possible efforts to trace out the
original record of the instant Criminal Misc. Writ Petition and place
the same on record.

3. Learned counsel appearing for the petitioners, after advancing
arguments for some length, without pressing the petition on merits,
prayed for leave to withdraw the present petition with liberty to avail
such appropriate remedy as may be available to the petitioners
under law, as advised.

4. Learned A.G.A. appearing for the State-respondents and Mr.
Ramesh Kumar, learned counsel appearing for respondent no. 4,
vehemently opposed the petition on merits; however, they did not
object to the innocuous prayer made by learned counsel for the
petitioners for granting leave to withdraw the instant writ petition.
                                                                                          CRLP No. 22206 of 2026
                                                                 2

                                    5. Considering the submissions made and the prayer advanced by
                                    learned counsel for the petitioners, and there being no objection on
                                    behalf of the learned counsel appearing for the State-respondents
                                    and respondent no. 4, the prayer is allowed. Leave to withdraw the
                                    petition is accordingly granted.

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

                                    October 1, 2026
                                    Saurabh
                                                                     (Abdul Shahid,J.) (Chandra Dhari Singh,J.)




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

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