Allahabad High Court
NISHA DEVI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.
Summary
The petitioners, Nisha Devi and another, filed a criminal miscellaneous writ petition challenging the investigation and charge-sheet filed against them. The State of U.P. informed the court that the investigation was complete and a charge-sheet had been submitted on 19-06-2026. The petitioners did not contest these facts but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The court considered the petitioners' request to withdraw the petition. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.
Issues considered
- What is the appropriate procedural course when a petitioner seeks to withdraw a criminal miscellaneous writ petition after the charge-sheet has been filed?
Subjects
- withdrawal of writ petition
- criminal miscellaneous writ
- charge-sheet
- high court of Allahabad
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 12735 of 2026
Nisha Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manvendra Singh, Prabhat Chandra
Sahoo
Counsel for Respondent(s) : G.A., Kunwar Ajay Singh, Shivam
Singh
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, 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 charge-sheet has been forwarded against the petitioners on
19.06.2026.
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withdrawn with aforesaid liberty.
September 16, 2026
Ashutosh/S
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
Checking your session…