Allahabad High Court
ABHISHEK HARYANA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, as the petitioners chose to withdraw and the matter is pending before the appropriate forum.
Summary
The petitioners, Abhishek Haryana and two others, filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the proceedings against them. The State had already concluded the investigation, filed a charge-sheet, and the magistrate had taken cognizance on 21-08-2026, leading the respondent counsel to argue that the writ petition was not maintainable. The petitioners did not contest these facts but expressed a desire to withdraw the writ and approach the appropriate forum later. The court considered the maintainability issue and the petitioners' request to withdraw. Consequently, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.
Issues considered
- What is the maintainability of a criminal miscellaneous writ petition after a charge-sheet has been filed and cognizance taken?
Subjects
- writ petition
- criminal procedure
- maintainability
- withdrawal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 17314 of 2026
Abhishek Haryana And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Dubey
Counsel for Respondent(s) : G.A., Priya Dubey, Ravi Jha,
Sharadey Mishra
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, Shri Ravi Jha, learned counsel for the respondent no.3 and
perused the record.
2. At the very outset, learned counsel for the respondent no.3 has
pointed out that in the instant case, investigation has already been
concluded and a charge-sheet has been forwarded against the
petitioners, upon which, learned Magistrate had also taken
cognizance on 21.08.2026 and as such, the instant writ petition is
not maintainable.
3. Learned AGA for the State has on objection to the aforesaid
prayer.
4. Learned counsel for the petitioners could not dispute the
aforesaid facts but states that he does not intend to further press
this writ petition and seeks to withdraw it with liberty to approach
the appropriate forum at appropriate stage.
5. In view of the statement made, this writ petition is dismissed as
withdrawn with aforesaid liberty.
September 8, 2026
Nadim
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
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