Allahabad High Court
MAUSAM @ TUNDAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Mausam @ Tunda, filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, the petitioner’s counsel informed the court that the petitioner had already been arrested and expressed a desire to withdraw the petition. The State’s Additional Government Advocate raised no objection to the withdrawal request. The court considered the counsel’s statement and the lack of opposition from the State. Consequently, the court dismissed the writ petition as withdrawn.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn after filing when the petitioner is already under arrest
Subjects
- writ petition
- withdrawal
- criminal procedure
- high court
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22784 of 2026
Mausam @ Tunda
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Himanshu Mishra
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 petitioner, learned AGA for the
State and perused the record.
2. At the very outset, Sri Himanshu Mishra, learned counsel for the
petitioner has made a statement at the Bar that in the instant case,
the petitioner has already been arrested, as such, he does not
intend to press this writ petition and seeks to withdraw it.
3. Learned AGA for the State has no objection to the aforesaid
prayer.
4. In view of the statement made, this writ petition is dismissed as
withdrawn.
September 29, 2026
Nadim
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
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