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Allahabad High Court

MASOOD HASAN @ MASUDUL HASSAN AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum at a later stage.

Summary

The petitioners, Masood Hasan and two others, filed a criminal miscellaneous writ petition challenging the investigation and charge sheet filed against them by the State of Uttar Pradesh. The State's Additional Government Advocate informed the Court that the investigation was complete and a charge sheet had been forwarded on 3 July 2026. The petitioners did not contest this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The Court considered the request and the procedural position of 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 Accordingly, the Court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.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

  • Whether a criminal miscellaneous writ petition can be withdrawn after a charge sheet has been filed

Subjects

  • Criminal Procedure
  • Writ Petition
  • Withdrawal
  • Charge Sheet
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 16712 of 2026

                                    Masood Hasan @ Masudul Hassan And 2 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)             :    Vishwanath Mishra
                                    Counsel for Respondent(s)             :    G.A., Rafeek Ahmad Khan

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

                                         1. Heard learned counsel for the petitioners and learned AGA
                                         for the State.

                                         2. At the very outset, learned A.G.A. has pointed out that in the
                                         instant case, the investigation has already been concluded and a
                                         charge sheet has been forwarded against the petitioners on
                                         3.7.2026.

                                         3. Learned counsel for the petitioners could not dispute the
                                         aforesaid fact but states that he does not want to press this writ
                                         petition and seeks to withdraw it with liberty to approach
                                         appropriate forum at appropriate stage.

                                         4. In view of the above, this writ petition is dismissed as
                                         withdrawn with the aforesaid liberty.


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




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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