Allahabad High Court
LAXMI NARAYAN TIWARI AND 7 OTHERSversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum later.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the proceedings of the State, after a charge sheet had been filed against them on 19 July 2026. The State submitted an affidavit confirming that the investigation was complete and the charge sheet was already forwarded. The petitioners, through their counsel, did not contest this fact and expressed their intention to withdraw the writ petition, reserving the right to approach the appropriate forum later. The Court, noting the petitioners' clear request to withdraw, dismissed the writ petition as withdrawn, granting them liberty to approach the appropriate forum at a later stage. The dismissal was recorded on 21 September 2026 by Judges Rajiv Gupta and Devendra Singh‑I.
Issues considered
- Whether the writ petition should be entertained when the petitioners seek to withdraw it after a charge sheet has been filed
Subjects
- withdrawal of writ petition
- criminal procedure
- charge sheet
- high court
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14678 of 2026
Laxmi Narayan Tiwari And 7 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Yadav, Amit Kumar
Yadav, Ashutosh Kumar Pandey
Counsel for Respondent(s) : G.A., Vishvajit Tiwari
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Learned AGA has filed an affidavit on behalf of State today in Court,
which is taken on record.
2. Heard learned counsel for the petitioners, learned AGA for the State and
perused the record.
3. At the very outset, learned AGA has pointed out that in the instant case,
investigation has already been concluded and a charge sheet has been
forwarded against the petitioners on 19.7.2026.
4. Per contra, learned counsel for the petitioners could not dispute the
aforesaid fact but states that he does not intend to press this petition and
seeks to withdraw it with liberty to approach the appropriate forum at
appropriate stage.
5. In view of the above statement, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
September 21, 2026
KU
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
Checking your session…