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2026 DAILYLAW 14401 (ALL)

PUNEET DIXIT v. STATE OF U.P. AND 3 OTHERS

CRLP/22230/2026 · 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. - 22230 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed by the petitioner with the following main prayers:- "A. Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 21.08.2026 registered as Case Crime No. 282 of 2026, under Sections 64(2), 78(2), 351(3) of B.N.S. and Section 3/4 of POCSO Act, Police Station-Jaithara, District-Etah. B. Issue a writ, order or direction in the nature of mandamus to stay the arrest of petitioner in pursuance of First Information Report dated 21.08.2026 registered as Case Crime No. 282 of 2026, under Sections 64(2), 78(2), 351(3) of B.N.S. and Section 3/4 of POCSO Act, Police Station-Jaithara, District-Etah." 2. After some length of arguments, learned counsel appearing on behalf of the petitioner made an innocuous prayer that he may be permitted to withdraw the instant writ petition with liberty to avail the appropriate remedy available under the law as advised. 3. Learned AGA appearing on behalf of the State-respondents vehemently opposed the instant writ petition but has no objection on innocuous prayer made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, Mr. Shashi Kant, learned counsel for respondent no.4 as well as learned A.G.A. Versus Counsel for Petitioner(s) : Karuna Nand Tiwari, Narendra Kumar, Sushil Kumar Kushwaha Counsel for Respondent(s) : G.A., Prabhakar Pal Puneet Dixit .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) appearing on behalf of the State-respondents and perused the material available on record. 5. Since, learned counsel appearing on behalf of the petitioner has not pressed the instant writ petition on merits, only made innocuous prayer to avail appropriate alternative remedy as advised, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner. 6. Accordingly, the instant writ petition is dismissed as withdrawn with liberty as prayed. October 8, 2026 Atul CRLP No. 22230 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad