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Allahabad High Court

DEEPANSHU GAUTAMversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioner, Deepanshu Gautam, filed a criminal miscellaneous writ petition challenging aspects of the investigation, during which additional serious charges were added. The State counsel acknowledged the addition of graver sections, which the petitioner did not dispute. However, the petitioner expressed a desire to withdraw the present petition and seek permission to file a fresh petition with more detailed particulars. The Court accepted this request, dismissed the current petition as withdrawn, and granted liberty to file a new petition. The certified documents were ordered to be returned to the petitioner's counsel.

Issues considered

  • Whether the writ petition can be withdrawn at the petitioner's request and what procedural steps are required.

Subjects

  • withdrawal of petition
  • criminal miscellaneous writ
  • procedural law
  • high court
  • Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 8667 of 2026

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

                                    Counsel for Petitioner(s)               :    Ashish Rai, Om Prakash Rai
                                    Counsel for Respondent(s)               :    G.A.

                                    Court No. - 48
                                                       HON'BLE RAJIV GUPTA, J.
                                                       HON'BLE DR. AJAY KUMAR-II, J.

                                    1. Heard learned counsel for the petitioner, learned A.G.A. for the State and
                                    Ms. Sadhana Singh, learned counsel for the respondent no. 4 and perused the
                                    record.

                                    2. At the very outset, learned AGA pointed out that in the instant case during
                                    course of investigation, certain graver sections have further been added.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not want to press this petition and seeks
                                    to withdraw it with liberty to file fresh petition with better particulars.

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

                                    5. Certified copy of the documents be returned to counsel for the petitioner
                                    as per Rules.

                                    May 6, 2026
                                    Monika
                                                                      (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)




Digitally signed by :-
MONIKA KESARWANI
High Court of Judicature at Allahabad


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