Allahabad High Court
DILEEP VISHWAKARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty to file afresh.
Summary
The petitioner, Dileep Vishwakarma, 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 sought liberty to file a fresh petition with better particulars. The State’s Additional Government Advocate raised no objection to this request. The Court, after noting the consent of both parties, allowed the withdrawal and dismissed the petition, granting the petitioner liberty to re‑file. No substantive merits of the original petition were considered.
Issues considered
- Whether a writ petition may be withdrawn with liberty to file a fresh petition?
Subjects
- writ petition
- withdrawal
- re‑filing
- high court
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8814 of 2026
Dileep Vishwakarma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Tiwari
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. At the very outset, learned counsel for the petitioner has made a statement
at bar that he does not want to press this writ petition and seeks to withdraw
it with a 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 In view of the above, this writ petition is dismissed as withdrawn, with
the aforesaid liberty.
May 7, 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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