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Allahabad High Court

ASIF @ AASIF AKTAR IDREESHIversusSTATE OF U.P. & 2 OTHERS

Decided

Holding

The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.

Summary

The petitioner, Asif @ Aasif Aktar Idreeshi, filed Criminal Miscellaneous Writ Petition No. 23075 of 2026 before the Allahabad High Court. After hearing, the petitioner's counsel sought leave to withdraw the petition, requesting liberty to pursue any appropriate remedy. The State of U.P. and other respondents, represented by the Attorney General, 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 Consequently, the writ petition was dismissed as withdrawn without the Court examining its substantive merits.

Issues considered

  • Whether a party may be permitted to withdraw a criminal miscellaneous writ petition after filing, and under what conditions the Court may grant such leave?

Subjects

  • withdrawal of petition
  • writ petition
  • procedural law
  • high court
  • criminal miscellaneous writ

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 23075 of 2026

                                    Asif @ Aasif Aktar Idreeshi
                                                                                            .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. & 2 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)      : Aqueel Ahmad, Irfan Ahmad, Kripa
                                                                     Shankar Tiwari, Vaibhav Tyagi
                                    Counsel for Respondent(s)      : G.A.

                                    Court No. - 48
                                                     HON'BLE CHANDRA DHARI SINGH, J.
                                                     HON'BLE TARUN SAXENA, J.

                                    1. Mr. Aqueel Ahmad, learned counsel appearing on behalf of the
                                    petitioner, 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 petitioner 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 petitioner 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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