Allahabad High Court
RADHEY SHYAM AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The court granted leave to withdraw the writ petition and dismissed it as withdrawn.
Summary
Petitioners Radhey Shyam and two others filed Criminal Miscellaneous Writ Petition No. 23019 of 2026 before the Allahabad High Court. After hearing, counsel for the petitioners sought leave to withdraw the petition, stating they would pursue any appropriate remedy elsewhere. The State of Uttar Pradesh and other respondents opposed the petition on its merits but did not object to the withdrawal request. The court noted that there was no objection to the petitioners' request and, without examining the merits, granted leave to withdraw. Consequently, the writ petition was dismissed as withdrawn with liberty as prayed for. The order was signed by Judges Chandra Dhari Singh and Abdul Shahid on September 30, 2026.
Issues considered
- Whether a criminal miscellaneous writ petition may be withdrawn after filing
- Whether the court can grant leave to withdraw without addressing the merits
Subjects
- writ petition
- withdrawal
- procedural law
- high court
- criminal miscellaneous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23019 of 2026
Radhey Shyam And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anubhav Sonkar, Ashutosh Gupta, Sandeep
Kumar Chaurasiya
Counsel for Respondent(s) : G.A., Puneet Kumar Shukla
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. Mr. Sandeep Kumar Chaurasiya, learned counsel appearing on behalf
of the petitioners, 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 and Mr.
Puneet Kumar Shukla, learned counsel for the respondent no. 3
vehemently opposed the petition on merits, but have not objected the
innocuous prayer made by learned counsel appearing on behalf of the
petitioners 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 petitioners 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 for.
September 30, 2026
Saurabh
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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