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Allahabad High Court

VIKAS THAKURversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition with better particulars.

Summary

Petitioner Vikas Thakur filed a criminal miscellaneous writ petition before the Allahabad High Court challenging actions of the State of U.P. and others. During the hearing, the petitioner's counsel expressed a desire to withdraw the petition and seek liberty to file a fresh petition with better particulars. The State's Additional Government Advocate raised no objection to this request. The Court, after considering the petitioner's statement and the lack of opposition, dismissed the writ petition as withdrawn, granting the petitioner liberty to file a fresh petition. The Court also ordered the return of any certified copies of documents to the petitioner's counsel.

Issues considered

  • Whether a writ petition can be withdrawn by the petitioner during the pendency of the proceedings
  • Whether the petitioner may be granted liberty to file a fresh petition with better particulars after withdrawal

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • procedural law
  • high court
  • petitioner's liberty

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6712 of 2026

                                    Vikas Thakur
                                                                                              .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)      : Nikhil Kumar Yadav, Vagish Yadav
                                    Counsel for Respondent(s)      : G.A., Gyanendra Kumar Gupta, Manoj
                                                                     Kumar Maurya

                                    Court No. - 48
                                                     HON'BLE RAJIV GUPTA, J.
                                                     HON'BLE LAKSHMI KANT SHUKLA, J.

                                    1. Heard learned counsel for the petitioner, learned AGA for the State and
                                    Shri Gyanendra Kumar Gupta, learned counsel for respondent No. 4.

                                    2. After some arguments, learned counsel for the petitioner has made a
                                    statement at the Bar that he does not want to press this writ petition and
                                    seeks to withdraw it, with liberty to file fresh with better particulars.

                                    3. Learned AGA for the State has no objection to the aforesaid prayer.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.

                                    5. Certified copy of the relevant documents, if any, be returned back to
                                    learned counsel for the petitioner as per Rules.



                                                                 (Lakshmi Kant Shukla,J.) (Rajiv Gupta,J.)
                                    May 5, 2026
                                    RPD




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

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