Allahabad High Court
PRADEEP @ GUDDUversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition.
Summary
Petitioner Pradeep @ Guddu filed a criminal miscellaneous writ petition seeking a mandamus directing the State to grant him interim bail, relying on a 2018 Government Order on premature release. The State contended that a subsequent order dated 28‑04‑2025 had negated the earlier order, although the petition did not challenge that later order. The petitioner then moved that the writ be dismissed as withdrawn, requesting liberty to file a fresh petition with more details. The State had no objection to this withdrawal. The Court accepted the petitioner's request, dismissed the writ as withdrawn, and ordered the return of the petition documents after copying them for the record.
Issues considered
- Whether the writ petition for interim bail should be entertained in view of a later Government order that was not impugned.
- Whether a petitioner may withdraw a criminal miscellaneous writ petition and seek liberty to file a fresh petition.
Subjects
- interim bail
- criminal miscellaneous writ
- mandamus
- premature release
- petition withdrawal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9566 of 2026
Pradeep @ Guddu
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Nath Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Narendra Nath Tripathi, the learned counsel for petitioner and
Mr. Prashant Kumar, the learned A.G.A. representing State-respondents 1, 2,
3 & 4.
2. Perused the record.
3. Petitioner- Pradeep @ Guddu has approached this Court by means of
present criminal misc. writ petition with the following prayer :-
"(i) issue a writ, order or direction in the nature of mandamus commanding the
concerned respondents to release the petitioner into interim bail during the pendency
of this criminal misc. writ petition before this Hon'ble Court and direct the
responsible respondents to release the petitioner in the light of the Government Order
dated 01.08.2018 regarding premature release as well as jail manual in Session Trial
No. 141 of 2000, arising out of Case Crime No. 65 of 2000, under Sections 364, 302,
201 IPC, Police Station- Rajabpur, District- Amroha (J.P. Nagar)."
4. On the matter being taken up today, the learned A.G.A. representing
State-respondents 1, 2, 3 & 4 upon instructions received by him submits that
the prayer made by the learned counsel for petitioner for premature release
has already been negated by the State Government vide order dated
28.04.2025. However, the order dated 28.04.2025 has not been impugned in
present writ petition.
5. When confronted with above, the learned counsel for petitioner fairly
CRLP No. 9566 of 2026
2
submits that present writ petition be dismissed as withdrawn with liberty to
petitioner to file fresh with better details, particulars and proper relief.
6. Learned A.G.A. for State-respondents 1, 2, 3 & 4 has no objection to the
aforesaid prayer made by the learned counsel for petitioner.
7. In view of above, this writ petition shall stand dismissed as withdrawn
with liberty aforesaid.
8. Certified copies of the documents appended along with present writ
petition shall be returned to the learned counsel for petitioner after obtaining
photocopies of the same to be kept on record.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 12, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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