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Allahabad High Court

CHANDRASHEKHAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, allowing the petitioners liberty to approach the appropriate forum later.

Summary

The petitioners, Chandrashekhar and another, filed a criminal miscellaneous writ petition challenging the continuation of criminal proceedings against them. The State had already concluded the investigation, filed a charge sheet, and taken cognizance of the case. The petitioners did not dispute these facts but expressed a desire to withdraw the writ petition, stating they would approach the appropriate forum later. The court considered the petitioners' request to withdraw the writ. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioners after cognizance has been taken.

Subjects

  • writ petition
  • withdrawal
  • criminal proceedings
  • High Court
  • cognizance

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL MISC. WRIT PETITION No. - 10273 of 2026

                                    Chandrashekhar And Another
                                                                                                 .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Rishabh Pal, Saurabh Srivastava
                                    Counsel for Respondent(s)           :   G.A.

                                    Court No. - 48
                                                      HON'BLE RAJIV GUPTA, J.
                                                      HON'BLE DR. AJAY KUMAR-II, J.

                                    1. Heard learned counsel for the petitioners, learned AGA for the State and
                                    perused the record.

                                    2. At the very outset, learned AGA for the State has pointed out that in the
                                    instant case, investigation has already been concluded and a charge sheet has
                                    also been forwarded against the petitioners, upon which even cognizance has
                                    been taken.

                                    3. Learned counsel for the petitioners could not dispute the aforesaid facts
                                    but states that he does not want to press this writ petition and seeks to
                                    withdraw it with liberty to approach the appropriate forum at appropriate
                                    stage.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.

                                    May 6, 2026
                                    Monika
                                                                    (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)




Digitally signed by :-
MONIKA KESARWANI
High Court of Judicature at Allahabad


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