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Allahabad High Court

VIJAY SHARMA AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum later.

Summary

Petitioners Vijay Sharma and others filed a criminal miscellaneous writ petition challenging the continuation of criminal proceedings after a charge sheet was filed on 15 July 2026. The State of U.P. submitted that the investigation was complete and a charge sheet had been filed. Petitioners did not contest this fact but expressed their intention not to pursue the writ and sought to withdraw it, reserving the right to approach the appropriate forum later. The Court considered the petitioners' request to withdraw the writ. Accordingly, the Court dismissed the petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.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  • Whether a criminal miscellaneous writ petition can be dismissed as withdrawn upon the petitioner's request

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18167 of 2026

                                    Vijay Sharma And 3 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)             :    Irshad Ahmad
                                    Counsel for Respondent(s)             :    Amarjeet Choudhary, G.A.

                                    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
                                    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 petitioners on 15.7.2026.

                                    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 23, 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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