Allahabad High Court
RAKESH SHUKLAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn with liberty to avail the statutory alternative remedy.
Summary
The petitioner, Rakesk Shukla, filed Criminal Miscellaneous Writ Petition No. 22805 of 2026 before the Allahabad High Court challenging the State of U.P. and two others. During the hearing, the petitioner’s counsel informed the Court that he no longer wished to pursue the writ and wanted to withdraw it, seeking liberty to approach the appropriate statutory remedy. The learned Additional Government Advocate for the State raised no objection to the withdrawal. The Court, after noting the petitioner’s clear intention and the lack of opposition, dismissed the writ petition as withdrawn, granting the petitioner liberty to avail the alternative statutory remedy. The Court also ordered the return of the certified copy of the relevant documents to the petitioner’s counsel.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn after filing
- Whether the Court may grant liberty to the petitioner to pursue the statutory alternative remedy
Subjects
- withdrawal of writ petition
- criminal miscellaneous writ
- statutory remedy
- Allahabad High Court
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22805 of 2026
Rakesh Shukla
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Bhushan Upadhyay
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 A.G.A. for the
State and perused the record.
2. After some length of arguments, learned counsel for the petitioner
has made a statement at the Bar that he does not want to press this
writ petition and seeks to withdraw it with liberty to avail the statutory
alternative remedy as available to him under the law.
3. Learned A.G.A. has no objection to the aforesaid prayer.
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withdrawn with the aforesaid liberty.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 counsel for
the petitioner as per Rules.
September 29, 2026
S. Singh
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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