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Allahabad High Court

SURAJ AND ANOTHERversusSTATE OF U.P. AND 3 OTHER

Decided

Holding

The writ petition was dismissed as withdrawn because both parties consented to its withdrawal.

Summary

Petitioners Suraj and another filed a criminal miscellaneous writ petition challenging the FIR dated 25.01.2026 registered under sections 137(2), 87, 363 and 366 of the Indian Penal Code. The petition sought relief against the FIR but later the petitioner's counsel requested permission to withdraw the writ. The State, represented by the learned Additional Government Advocate, raised no objection to the withdrawal. The Court, after noting the consent of both parties, dismissed the writ petition as withdrawn and vacated any interim order that had been passed. No substantive merits of the FIR were examined as the petition was withdrawn.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn at the instance of the petitioner with the consent of the respondent.

Legislation cited

Subjects

  • criminal procedure
  • writ petition
  • withdrawal
  • FIR
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 5111 of 2026

                                    Suraj And Another
                                                                                              .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Other
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Sudhanshu Kumar Mishra
                                    Counsel for Respondent(s)               :   G.A.

                                    Court No. - 47
                                                     HON'BLE RAJEEV MISRA, J.
                                                     HON'BLE LAKSHMI KANT SHUKLA, J.

                                    1. Heard Mr. Sudhanshu Kumar Mishra, the learned counsel for petitioner
                                    and the learned AGA representing State-respondent 1, 2 and 3.

                                    2. Perused the record.

                                    3. Petitioner Suraj and another have approached this Court by means of
                                    present Criminal Misc. Writ Petition challenging the FIR dated
                                    25.01.2026 lodged by first informant/respondent 4 Sakil and registered as
                                    Case Crime No. 10 of 2026, under section 137(2), 87 BNS, 363, 366 IPC,
                                    Police Station Hazara, District Pilibhit.

                                    4. After some arguments the learned counsel for petitioners submits that
                                    he be permitted to withdraw the present writ petition.

                                    5. Learned AGA representing State-respondents 1, 2, 3 has no objection
                                    to the prayer made by the learned counsel for petitioners.

                                    6. In view of above, the present writ petition is accordingly dismissed as
                                    withdrawn.

                                    7. Interim order, if any, stands vacated.



                                                                (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
                                    March 18, 2026
                                    Arti




Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad


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