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Allahabad High Court

AYUSH MITTALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

The petitioner, Ayush Mittal, filed a criminal miscellaneous writ petition challenging the investigation and charge-sheet filed against him. The State of U.P. and other respondents indicated that the investigation was complete and a charge-sheet had been filed on 04-09-2026. The petitioner admitted the facts and expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The court considered the petitioner's request and the procedural status of the case. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.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 course of action when a petitioner seeks to withdraw a criminal miscellaneous writ petition after a charge-sheet has been filed?

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • charge-sheet
  • high court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 17855 of 2026

                                    Ayush Mittal
                                                                                          .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s)         :     Rohit Nandan Pandey
                                    Counsel for Respondent(s)         :     Daya Shanker Pandey, 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. Prachi Tripathi, Advocate holding brief of Mr. D.S. Pandey,
                                    learned counsel for the respondent no.4 and perused the record.


                                    2. At the very outset, learned counsel for the respondent no.4 has
                                    pointed out that in the instant case, investigation has already been
                                    concluded and charge-sheet has been forwarded against the
                                    petitioner on 04.09.2026.


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


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

                                    September 8, 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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