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Allahabad High Court

NAFEESversusSTATE OF U.P. AND 3 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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.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, Nafees, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the filing of a charge sheet against him. The State had already completed the investigation and forwarded the charge sheet on 23 July 2026. During the hearing, the petitioner’s counsel indicated that he no longer wished to pursue the petition and sought to withdraw it, while reserving the right to approach the appropriate forum later. The learned Additional Government Advocate confirmed the procedural status of the case. The Court, noting the petitioner’s clear intention to withdraw, dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate disposition of a writ petition when the petitioner seeks to withdraw it after the charge sheet has been filed?

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • charge sheet
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             CRIMINAL MISC. WRIT PETITION No. - 17329 of 2026

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

                                    Counsel for Petitioner(s)             :    Maan Singh, Salman Ahmad
                                    Counsel for Respondent(s)             :    Fakhruzzaman, G.A.

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

                                    1. Heard learned counsel for the petitioner, learned AGA for the State, Ms.
                                    Falaq Waqeel holding brief of Sri Fakhruzzaman, learned counsel for
                                    respondent No. 4 and perused the record.

                                    2. At the very outset, learned AGA has pointed out that in the instant case,
                                    investigation has already been concluded and a charge sheet has been
                                    forwarded against the petitioner on 23.7.2026.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not intend to press this petition and
                                    seeks to withdraw it with liberty to approach the appropriate forum at
                                    appropriate stage.

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

                                    September 21, 2026
                                    KU
                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad


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