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Allahabad High Court

ARSHAD @ MOHD ARSHADversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Arshad @ Mohd Arshed, filed Criminal Miscellaneous Writ Petition No. 8818 of 2026 before the Allahabad High Court seeking relief against the State of U.P. and two others. While the petition was pending, the petitioner was arrested and, through his counsel, expressed that he no longer wished to pursue the writ. The respondent's Additional Government Advocate (AGA) raised no objection to the withdrawal. The Court considered the petitioner's request to withdraw the proceedings and found no impediment to allowing the withdrawal. Consequently, the Court dismissed the writ petition as withdrawn, with both judges signing the order.

Issues considered

  • Can a petitioner withdraw a criminal miscellaneous writ petition after being arrested?

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • procedural law
  • High Court of Allahabad
  • petition dismissed

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 8818 of 2026

                                    Arshad @ Mohd Arshad
                                                                                                    .....Petitioner(s)
                                                                     Versus
                                    State Of U.P. And 2 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          :     Manish Kumar Singh, Nisar Ahmed
                                    Counsel for Respondent(s)          :     G.A.

                                    Court No. - 48
                                                          HON'BLE RAJIV GUPTA, J.
                                                          HON'BLE DR. AJAY KUMAR-II, J.

                                    1. Learned counsel for the petitioner has made a statement at the Bar
                                    that the petitioner has already been arrested and as such he does not
                                    intend to further press this writ petition and seeks to withdraw it.

                                    2. Learned AGA has no objection.

                                    3. In view of the above, this writ petition is dismissed as withdrawn.

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




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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