Allahabad High Court
SUKHVINDER SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn with liberty to the petitioner to pursue alternative remedies.
Summary
Petitioner Sukhvinder Singh filed a criminal miscellaneous writ petition in the Allahabad High Court seeking a certiorari to quash an order dated 27 July 2026 and a mandamus directing the release of his two-wheeler (Regn. No. U.K. 06-BK-6735) held at a police station. After arguments, the petitioner’s counsel made an innocuous prayer to withdraw the petition and seek an alternative remedy. The State’s counsel opposed the petition but did not object to the withdrawal request. The Court noted that the petitioner had not pressed the merits of the petition and allowed the withdrawal prayer. Consequently, the writ petition was dismissed as withdrawn, with liberty to approach the appropriate forum.
Issues considered
- What procedural steps are required when a petitioner seeks to withdraw a writ petition without addressing its merits?
Subjects
- writ petition
- certiorari
- mandamus
- withdrawal
- procedural law
- vehicle seizure
- criminal miscellaneous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23465 of 2026
Sukhvinder Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Mishra
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed by the petitioner with the
following main prayers:-
"(1) to issue a writ, order or of direction in the nature certiorari quashing
the impugned order dated 27.07.2026 passed by respondent no.4
(Annexure No. 6).
(ii) to issue a writ, order or of direction in the nature mandamus
commanding and directing the respondent authorities to release the
vehicle/Two Wheeler (Platina) in petitioner/owner, favour of bearing
Registration No. U.K. 06-BK-6735 which is standing at Police Station
Milak Khanam District Rampur."
2. After some length of arguments, learned counsel appearing on behalf of
the petitioner made an innocuous prayer that he may be permitted to
withdraw the instant writ petition with liberty to avail the appropriate
remedy available under the law before the appropriate Court as advised.
3. Learned AGA appearing on behalf of the State-respondents vehemently
opposed the instant writ petition but has no objection on innocuous prayer
made by learned counsel appearing on behalf of the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner as well as
learned A.G.A. appearing on behalf of the State-respondents and perused
the material available on record.
CRLP No. 23465 of 2026
2
5. Since, learned counsel appearing on behalf of the petitioner has not
pressed the instant writ petition on merits, only made innocuous prayer to
avail appropriate alternative remedy as advised, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. Accordingly, the instant writ petition is dismissed as withdrawn with
liberty as prayed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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