Allahabad High Court
LAL SINGH AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.
Summary
Petitioners Lal Singh and others filed a criminal miscellaneous writ petition before the Allahabad High Court. During the hearing, counsel for the petitioners, without arguing the merits, requested permission to withdraw the petition, seeking liberty to pursue any other appropriate remedy. The State, represented by the Additional Government Advocate, opposed the petition on its merits but did not object to the withdrawal request. The Court, noting the lack of objection, granted leave to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn without any consideration of its substantive issues.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. - 23068 of 2026
Lal Singh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Dubey
Counsel for Respondent(s) : G.A., Sanjay Singh
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. Mr. Ajay Dubey, 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is dismissed as withdrawn with liberty as prayed.
(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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