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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