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Allahabad High Court

MALKEET SINGH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.

Summary

The petitioners, Malkeet Singh and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the proceedings against them. The State informed the Court that the investigation had been completed and a charge‑sheet was filed on 06‑07‑2026. The petitioners did not dispute these facts but expressed their intention to withdraw the writ petition, reserving the right to approach the appropriate forum later. The Court, noting the petitioners' clear request to withdraw, dismissed the writ petition as withdrawn while granting them liberty to approach the appropriate forum at a later stage. The dismissal effectively closed the writ petition without adjudicating the merits of the underlying criminal case.

Issues considered

  • What is the appropriate course of action when a petitioner seeks to withdraw a criminal miscellaneous writ petition after the investigation is concluded?

Subjects

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

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 18215 of 2026

                                    Malkeet Singh And Another
                                                                                           .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Raj Kumar Kesari
                                    Counsel for Respondent(s)          :   G.A., Shailesh Kumar Tiwari

                                    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 for the State has pointed out
                                    that in the instant case, investigation has already been concluded
                                    and charge-sheet has been forwarded against the petitioners on
                                    06.07.2026.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid facts but states that he does not intend 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 aforesaid liberty.

                                    September 9, 2026
                                    Ashutosh/S

                                                                  (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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