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Allahabad High Court

ASHIF AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn upon the petitioner's request.

Summary

The petitioners, Ashif and three others, 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 17 March 2026. The petitioners' counsel did not contest these facts but expressed a desire to withdraw the writ petition, stating they would approach the appropriate forum later if needed. 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 Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.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

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • charge-sheet
  • high court
  • procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 14515 of 2026

                                    Ashif And 3 Others
                                                                                            .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)            :     Alok Kumar Gupta
                                    Counsel for Respondent(s)            :     Ajay Kumar Mishra, G.A.

                                    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
                                    17.03.2026.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid facts but states that he does not intend 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 24, 2026
                                    Ashutosh/S

                                                                  (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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