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Allahabad High Court

SURAJ SHARMAversusTHE STATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The petitioner, Suraj Sharma, filed Criminal Miscellaneous Writ Petition No. 8792 of 2026 before the Allahabad High Court. During the hearing, the petitioner’s counsel stated that he does not wish to pursue the present petition and seeks to withdraw it, requesting liberty to file a fresh petition with better particulars. The respondent’s Additional Government Advocate (AGA) raised no objection to the withdrawal. The Court, after noting the petitioner’s clear intention and the lack of opposition, dismissed the writ petition as withdrawn and granted the liberty to file a new petition. The Court also ordered the return of the certified copies of the documents to the petitioner’s counsel.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be granted liberty to file a fresh petition with better particulars?

Subjects

  • withdrawal of writ petition
  • procedural law
  • criminal miscellaneous writ petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 8792 of 2026

                                    Suraj Sharma
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    The State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Adya Prasad Tewari
                                    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 AGA for the State and
                                    perused the record.

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

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

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

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


                                                                      (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
                                    May 7, 2026
                                    KU




Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad


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