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Allahabad High Court

DEVENDRAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition.

Summary

Petitioner Devendra filed a criminal miscellaneous writ petition seeking a stay of an order dated 17-01-2026 and a notice dated 24-08-2024 issued under Section 3(1) of the U.P. Goondas Act, 1970. The petitioner alleged inherent mistakes in the petition that could not be remedied by a supplementary affidavit or amendment. The State, represented by the learned Additional Government Advocate, raised no objection to the petitioner's request to have the petition dismissed as withdrawn. The Court, noting the parties' positions, dismissed the writ petition as withdrawn, granting the petitioner liberty to file a fresh petition, and ordered the return of certified copies of documents after photocopying. No substantive merits of the stay application were addressed.

Issues considered

  • Whether a criminal miscellaneous writ petition containing inherent mistakes can be dismissed as withdrawn with liberty to re‑file
  • Whether the Court should grant a stay of the order and notice issued under Section 3(1) of the U.P. Goondas Act, 1970

Legislation cited

  • U.P. Goondas Act, 1970 — s. 3(1)

Subjects

  • Criminal Procedure
  • Writ Petition
  • Stay Order
  • Goondas Act
  • Procedural Defect
  • Withdrawal of Petition

Judgment

   HIGH COURT OF JUDICATURE AT ALLAHABAD

  CRIMINAL MISC. WRIT PETITION No. - 5125 of 2026

Devendra
                                                   .....Petitioner(s)
                             Versus
State Of U.P. And 4 Others
                                                  .....Respondent(s)

Counsel for Petitioner(s)       : Krishna Kant Dubey, Santosh
                                  Kumar Dubey
Counsel for Respondent(s)       : G.A.

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

1. Heard Mr. Santosh Kumar Dubey, the learned counsel for
petitioner, the learned A.G.A. representing State respondents
1,2,3,4 and 5.

2. Perused the record.

3. Petitioner Devendra has approached this court by means of
present Crl. Misc. Writ Petition with the following prayer:

"Please to stay the order dated 17.01.2026 passed by respondent
No. 2 in in case No. 3358 of 2024 under Section 3(1) U.P.
Goondas Act 1970, P.S. Araniya, District Bulandshahr as well as
notice dated 24.08.2024 issued by respondent 3 in Case No. D-
202411170003358 , under Section 3(1) U.P. Goonda Act, P.S.
Araniya, District Bulandshahr."

4. At the very outset, the learned counsel for petitioner submits
there are inherent mistakes in the present writ petition and same
can not be cured by filing a supplementary affidavit or an
amendment application, therefore, the present writ petition be
dismissed as withdrawn with liberty to file afresh.

5. Learned A.G.A. representing State respondents 1 to 5 has no
objection to the prayer made by learned counsel for petition.

6. In view of above, this writ petition is accordingly dismissed as
                                                                                             CRLP No. 5125 of 2026
                                                                   2


                                        withdrawn with liberty aforesaid.

                                        7. Certified copies of documents appended along with the present
                                        writ petition shall be returned to the learned counsel for petitioner
                                        after obtaining the photocopies of the same to be kept on record.

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




Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad


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