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2026 DAILYLAW 13884 (ALL)

ASHISH SRIVASTAVA v. STATE OF U.P. AND 2 OTHERS

CRLP/22993/2026 · 2026-10-07

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. - 22993 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:- "(1). Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 31.08.2026 in Case Crime No. 427 of 2026 under Section 316(5) of BNS at Police Station Kotwali, District Bareilly. (2). Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to arrest or harass the petitioner in pursuance of the impugned FIR dated 31.08.2026 in Case Crime No. 427 of 2026 under Section 316(5) of BNS at Police Station Kotwali, District Bareilly." 2. Learned counsel appearing on behalf of the petitioner, after some length 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, as advised. 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 Versus Counsel for Petitioner(s) : Jalaj Kumar Tripathi Counsel for Respondent(s) : G.A. Ashish Srivastava .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 Without entering into merits of the case, the instant writ petition is dismissed as withdrawn with liberty as prayed.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 8, 2026 C. MANI CRLP No. 22993 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad