HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24353 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:- "1) Issue a writ, order or direction in the nature of Certiorari to quash the impugned F.I.R dated 21.07.2026 registered as Case Crime No. 108 of 2026, under Section 82(2), 85 BNS & Section 3/4 D.P. Act, Police Station Airwa Katra, District Auraiya. II) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 not to arrest to the petitioner in pursuance of the F.I.R. dated 21.07.2026 registered as Case Crime No. 108 of 2026, under Section 82(2), 85 BNS & Section 3/4 D.P. Act, Police Station Airwa Katra, District Auraiya during the pendency of investigation till the submission of chargesheet." 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 before the appropriate Court 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 as well as Versus Counsel for Petitioner(s) : Alkesh Singh Counsel for Respondent(s) : G.A. Narayani Devi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Mr. K.P. Pathak, learned A.G.A. 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 Accordingly, the instant writ petition is dismissed as withdrawn with liberty as prayed.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 7, 2026 Atul CRLP No. 24353 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad