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Allahabad High Court

AMAN KUMARversusSTATE OF UP AND 7 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.

Summary

The petitioner, Aman Kumar, filed a criminal miscellaneous writ petition before the Allahabad High Court. 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 counsel raised no objection to this request. The Court, noting the petitioner’s clear intention to withdraw and the lack of opposition, dismissed the petition as withdrawn while granting liberty to re‑file. The certified copies of the documents were ordered to be returned to the petitioner’s counsel.

Issues considered

  • The Court’s jurisdiction to dismiss a writ petition upon the petitioner’s request to withdraw it.

Subjects

  • writ petition
  • withdrawal
  • high court
  • procedural law
  • civil procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             CRIMINAL MISC. WRIT PETITION No. - 8674 of 2026

                                    Aman Kumar
                                                                                                            .....Petitioner(s)
                                                                             Versus
                                    State Of Up And 7 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Rajeev Kumar Upadhyay
                                    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 perused
                                    the record.

                                    2. Learned counsel for the petitioner has made a statement at the Bar that he does not
                                    intend to press the writ petition and seeks to withdraw it with liberty to file afresh 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 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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