Allahabad High Court
LAVKUSH AND 11 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.
Summary
Petitioners Lavkush and 11 others filed Criminal Miscellaneous Writ Petition No. 23066 of 2026 before the Allahabad High Court. During the hearing, counsel for the petitioners sought leave to withdraw the petition, stating they would pursue any appropriate remedy elsewhere. The State, represented by the learned A.G.A., opposed the petition on its merits but did not contest the withdrawal request. The Court, noting the absence of objection to the withdrawal, granted leave to withdraw the writ petition. Consequently, the petition was dismissed as withdrawn without the Court examining the substantive issues.
Issues considered
- Whether a party may be permitted to withdraw a criminal miscellaneous writ petition at the stage of hearing
- Whether the court can dismiss the petition without addressing its merits upon granting leave to withdraw
Subjects
- writ petition
- withdrawal
- procedural law
- high court
- criminal miscellaneous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23066 of 2026
Lavkush And 11 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhirendra Babu Mishra, Ravindra
Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Mr. R.K. Mishra, 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.
2. Learned A.G.A. appearing on behalf of the State-respondents
vehemently opposed the petition on merits, but has 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is dismissed as withdrawn with liberty as prayed for.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 23, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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