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Allahabad High Court

SUBHAWATI DEVIversusTHE STATE OF U.P. AND 6 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

The petitioner, Subhawati Devi, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the investigation in a case where a final report had already been submitted in favor of the accused. The State, represented by the Additional Government Advocate, informed the Court that the investigation was concluded. The petitioner’s counsel did not contest this fact and 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 and the fact that the investigation was complete. Accordingly, the Court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.

Issues considered

  • Whether a writ petition can be dismissed as withdrawn upon the petitioner's request after the investigation has concluded

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • investigation report
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 16753 of 2026

                                    Subhawati Devi
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    The State Of U.P. And 6 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Santosh Kumar Verma
                                    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 petitioner 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
                                         final report has been submitted in favour of the accused
                                         persons.

                                         3. Learned counsel for the petitioner 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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