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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20640 of 2026 Court No. - 46 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Sandeep Kumar Singh, Advocate, holding brief of Mr. Munna Tiwari, the learned counsel for petitioner and the learned A.G.A. for State respondents 1 & 2.
2. Perused the record.
3. Petitioner-Rafik Ali has approached this Court by means of present Criminal Misc. Writ Petition under Article 226 of the Constitution of India with the following prayer:-
"Issue a writ, order or direction in the nature of certiorari to quashing the order dated 18.03.2026 passed by respondent no.2 i.e. Superintendent of Police, Kushinagar in letter dated Respondent-SP-53 of 2026 dated 18.03.2026 under Section 2/3 of U.P. Gunda Control Act, 1970, Police Station Kotwali, District Kushinagar."
4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that the present writ petition is misconceived and therefore, not maintainable. As such, the same is liable to be dismissed on the aforesaid ground.
5. When confronted with above, the learned counsel for petitioner fairly submits that present writ petition be dismissed as withdrawn with liberty to file a fresh at appropriate stage with better particulars and details and proper relief. Versus Counsel for Petitioner(s) : Munna Tiwari, Shivam Kumar Modanwal Counsel for Respondent(s) : G.A. Rafik Ali .....Petitioner(s) State of U.P. and Another .....Respondent(s)
6. Learned A.G.A. for State-respondents 1 and 2 has no objection to the prayer made by the learned counsel for petitioner.
7. In view of above, the present writ petition is, accordingly, dismissed as withdrawn, with liberty aforesaid.
8. Interim order, if any, shall stand vacated. September 15, 2026 Imtiyaz CRLP No. 20640 of 2026 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad