Allahabad High Court
DINESH KUMAR GAUTAM @ DINESH KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.
Summary
The petitioner, Dinesh Kumar Gautam, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging aspects of the investigation. During the proceedings, the Additional Government Advocate informed the court that more serious charges had been added to the case. The petitioner did not contest this development but expressed a desire to withdraw the present petition and seek liberty to file a fresh petition with more detailed particulars. The court accepted the petitioner's request, dismissed the writ petition as withdrawn, and granted liberty to file a new petition. The certified copy of the documents was ordered to be returned to the petitioner's counsel.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner during the hearing
- Whether the petitioner may be granted liberty to file a fresh petition with better particulars
Subjects
- criminal procedure
- writ petition
- withdrawal
- fresh petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8692 of 2026
Dinesh Kumar Gautam @ Dinesh Kumar
.....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withdrawn with the aforesaid liberty.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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