Allahabad High Court
ROJ MOHAMMADversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn.
Summary
Petitioner Hafij Ali filed a criminal miscellaneous writ petition challenging an FIR dated 08-09-2026 registered under Section 3(1) of the U.P. Gangster and Anti‑Social Activities (Prevention) Act. During the pendency of the petition, the petitioner was arrested in the very case. The petitioner, through counsel, expressed that he no longer wishes to pursue the writ and sought its dismissal as withdrawn. The State, represented by the Additional Government Advocate, raised no objection to this request. The Court, after considering the submissions and the record, dismissed the writ petition as withdrawn and vacated any interim order that had been in force.
Issues considered
- Can a criminal miscellaneous writ petition be dismissed as withdrawn upon the petitioner's request after his arrest?
Legislation cited
Subjects
- criminal procedure
- writ petition
- withdrawal
- FIR
- U.P. Gangster and Anti Social Activities Act
- arrest
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23193 of 2026
Roj Mohammad
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajai Kumar, Chandrabhan
Counsel for Respondent(s) : G.A.
Court No. - 46
HON'BLE RAJEEV MISRA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Mr. Ajai Kumar, the learned counsel for petitioner and the learned A.G.A.
for State-respondents 1 & 2.
2. Perused the record.
3. Petitioner-Hafij @ Hafij Ali has approached this Court by means of present
Criminal Misc. Writ Petition challenging the FIR dated 08.09.2026 lodged by first
informant-respondent-3, Akhilesh Kumar, Sub Inspector and registered as Case Crime
No. 151 of 2026, under Section 3(1) U.P. Gangster and Anti Social Activities
(Prevention) Act, Police Station-Kone, District-Sonbhadra.
4. On the matter being taken up, the learned counsel for petitioner fairly submits that
during the pendency of present writ petition petitioner has already been arrested in
aforementioned case crime number.
5. It is thus contended by the learned counsel for petitioner submits that petitioner
does not wish to press the present writ petition any further. As such, present writ
petition be dismissed as withdrawn.
6. Learned A.G.A. for State respondents 1 and 2 has no objection to the prayer made
by the learned counsel for petitioner.
7. Having heard, the learned counsel for petitioner, the learned A.G.A. for State-
respondents 1 and 2 upon perusal of record and considering the submissions urged by
the learned counsel for petitioner as noted above, the present writ petition shall stand
dismissed as withdrawn.
8. Interim order, if any, stands vacated.
September 24, 2026
Imtiyaz
(Indrajeet Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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