Allahabad High Court
EBADUR REHMAN KHAN AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to file a fresh petition.
Summary
The petitioners, Ebadur Rehman Khan and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging aspects of the investigation by the State of Uttar Pradesh. During the hearing, the Additional Government Advocate informed the Court that additional sections had been added to the charge sheet during the investigation. The petitioners did not dispute this addition but expressed a desire to withdraw the present petition and seek liberty to file a fresh petition with more detailed particulars. The Court considered the petitioners' request and the procedural position of the added charges. Accordingly, the Court dismissed the writ petition as withdrawn, granting the petitioners liberty to file a fresh petition, and ordered the return of the certified copy of the relevant documents to the petitioners' counsel.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn after the charge sheet is amended with additional sections during investigation
- Whether the Court may grant liberty to the petitioners to file a fresh petition with better particulars
Subjects
- writ petition
- withdrawal
- criminal procedure
- charge sheet amendment
- fresh filing
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 16128 of 2026
Ebadur Rehman Khan And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mumtaz Ahmad Siddiqui, Neelesh
Ramchandani, Sr. Advocate
Counsel for Respondent(s) : 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 A.G.A. has made a statement at the Bar
that in the instant case, during investigation, certain sections have
further been added.
3. Learned counsel for the petitioners could not dispute the aforesaid
fact but states that he does not want to press the petition and seeks
to withdraw it with liberty to file fresh with better particulars.
4. In view of the statement made, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
5. Certified copy of the relevant documents be returned to the
counsel for the petitioner as per Rules.
September 9, 2026
S. Singh
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad
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