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Allahabad High Court

GULSHAN KHAN AND 8 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as withdrawn upon the petitioners' request and the State's lack of objection.

Summary

The petitioners, Gulshan Khan and others, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging certain actions of the State. During the hearing, counsel for the petitioners informed the court that the investigation had been completed and a final report favorable to them had been submitted, and they wished to withdraw the petition. The learned Additional Government Advocate (AGA) for the State raised no objection to the withdrawal. The court considered the petitioners' request and the lack of opposition, and consequently dismissed the writ petition as withdrawn. The dismissal effectively closed the proceedings without any substantive adjudication on the merits.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioners after the investigation has concluded and a favorable report is filed

Subjects

  • criminal writ petition
  • withdrawal of petition
  • investigation report
  • High Court of Allahabad
  • procedural dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL MISC. WRIT PETITION No. - 18190 of 2026

                                    Gulshan Khan And 8 Others
                                                                                                 .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Radhey Shyam Yadav
                                    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 petitioners, learned AGA for the State and
                                    perused the record.

                                    2. At the very outset, Sri Atul Kumar Pandey, learned counsel for the
                                    petitioners has made a statement at the Bar that in the instant case,
                                    investigation has already been concluded and a final report has been
                                    forwarded in favour of the petitioners, as such he does not intend to press
                                    this petition and seeks to withdraw it.

                                    3. Learned AGA has no objection to the aforesaid prayer.

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

                                    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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