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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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.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 The court accepted the petitioner's request, dismissed the writ petition as withdrawn, and granted liberty to file a new petition.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  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner during the hearing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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