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2026 DAILYLAW 13697 (ALL)

AWADHESH YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/23002/2026 · 2026-10-08

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23002 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed seeking the following main reliefs:- "(a)- Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 13.07.2026 in Case Crime No. 1822 of 2026 Computerized Case No. D202615510001822 (State vs. Abhishek Kumar Yadav alias Kahaiya Yadav) under Section 14 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, at Police Station Haldharpur District Mau. (b)- Issue a writ, order or direction in the nature of Mandamus directing the respondents not to attach, sell or auction the vehicle Mahindra Bolero bearing Registration No. UP 61 L2874 and registered in the name of the petitioner, to any third party. (c)- Issue a writ, order or direction in the nature of mandamus commanding and directing respondent no. 2 to consider and decide the petitioner's representation dated 31.08.2026 submitted on 02.09.2026 before him under Section 15(1) of the Act by a reasoned and speaking order, after affording the petitioner an effective opportunity of personal hearing and permitting him to produce all relevant documents in support of his lawful ownership and source of acquisition of the vehicle." 2. Learned counsel appearing on behalf of the petitioner, after some length Versus Counsel for Petitioner(s) : Harindra Prasad Counsel for Respondent(s) : G.A. Awadhesh Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) of arguments, without pressing the matter on merits prayed for leave to withdraw the present petition with liberty to avail appropriate remedy available under the law at this stage. 3. Learned A.G.A. appearing on behalf of the State-respondents vehemently opposed the petition on merits, but has not objected the innocuous prayer made by learned counsel appearing on behalf of the petitioner for granting leave to withdraw the instant writ petition. 4. Taking into consideration the submissions and prayer made by learned counsel appearing on behalf of the petitioner and no objection made by learned counsel appearing on behalf of the State-respondents, leave granted. 5. Without entering into merits of the case, the instant writ petition is dismissed as withdrawn with liberty as prayed. October 9, 2026 C. MANI CRLP No. 23002 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad