Allahabad High Court
SHIV KUMAR GUPTA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to file a fresh petition.
Summary
The petitioners, Shiv Kumar Gupta and two others, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging aspects of the investigation, wherein additional sections were added during the probe. The State's Additional Government Advocate (AGA) highlighted the addition of these sections. The petitioners' counsel acknowledged the facts but expressed a desire to withdraw the writ petition and seek to file a fresh petition with better particulars. The Court, noting the petitioners' clear intention to withdraw, dismissed the writ petition as withdrawn, granting them liberty to file a new petition. The Court also ordered the return of any certified copies of documents to the petitioners' counsel.
Issues considered
- What is the appropriate procedural course when a petitioner seeks to withdraw a criminal miscellaneous writ petition?
Subjects
- criminal writ
- withdrawal of petition
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22786 of 2026
Shiv Kumar Gupta And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanendra Singh
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 other
sections has been added.
3. Learned counsel for the petitioners could not dispute the
aforesaid facts but states that he does not intend to further press
this writ 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withdrawn with aforesaid liberty.
5. Certified copy of the relevant documents, if any, be returned
back to learned counsel for the petitioners as per Rules.
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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