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Allahabad High Court

HIMWANT SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed, with liberty to the petitioner to file a fresh petition.

Summary

The petitioner, Himwant Singh, filed a writ petition before the Allahabad High Court. The petition contained certain discrepancies, rendering it procedurally defective. The petitioner’s counsel, Ramendra Asthana, acknowledged the defect and suggested that the petition could be dismissed, allowing the petitioner to file a fresh petition. The Court examined the defect and concluded that the petition was not pressed. Consequently, the Court dismissed the writ petition, granting the petitioner liberty to file a fresh petition. No substantive merits of the case were addressed.

Issues considered

  • What is the appropriate remedy when a writ petition is found to be procedurally defective or not pressed?

Subjects

  • writ petition
  • procedural defect
  • dismissal
  • re‑filing
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 35519 of 2026

                                    Himwant Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Ramendra Asthana
                                    Counsel for Respondent(s)                      :   C.S.C.

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. There is certain discrepancy in the writ petition, therefore, learned counsel
                                    for the petitioner states that the present petition may be dismissed as not
                                    pressed with liberty to file afresh.

                                    2. In such view of the fact, the writ petition is dismissed as not pressed with
                                    liberty to the petitioner to file a fresh petition.

                                    September 8, 2026
                                    SS
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad


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