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Allahabad High Court

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

Decided

Holding

The petition is dismissed as withdrawn, with liberty to approach the appropriate forum later.

Summary

Petitioners Waheed and two others filed a criminal miscellaneous writ petition challenging the investigation and charge-sheet filed against them. The State informed the court that the investigation was complete and a charge-sheet had been filed on 09.02.2026. 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 petitioner's request to withdraw the writ. Accordingly, the court dismissed the petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.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  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner after the charge-sheet has been filed

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • high court
  • charge-sheet

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 16087 of 2026

                                    Waheed And 2 Others
                                                                                                .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Dhiraj Srivastava
                                    Counsel for Respondent(s)                    :   G.A., Pradeep Kumar

                                    Court No. - 47
                                                     HON'BLE RAJIV GUPTA, J.
                                                     HON'BLE DEVENDRA SINGH-I, J.

                                    1. Heard Shri Dhiraj Srivastava, learned counsel for the petitioners,
                                    Shri Pradeep Kumar, learned counsel for the respondent no.4,
                                    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 petitioner on
                                    09.02.2026.

                                    3. Learned counsel for the petitioner 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.



                                                                    (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 9, 2026
                                    Sanjeet




Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad


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