Allahabad High Court
GAURAV SAXENAversusSTATE OF U.P. AND 2 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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.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, Gaurav Saxena, filed a criminal miscellaneous writ petition (No. 18216 of 2026) before the Allahabad High Court challenging the proceedings against him. The State had already concluded its investigation and filed a charge sheet on 23 July 2026. During the hearing, the petitioner’s counsel, Krishna Dutt Tiwari, acknowledged the existence of the charge sheet but expressed a desire to withdraw the writ petition, stating he would approach the appropriate forum later if needed. The learned Additional Government Advocate confirmed the charge sheet and noted that the investigation was complete. The Court, after noting the petitioner’s request, dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.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- Whether a criminal miscellaneous writ petition can be dismissed as withdrawn upon the petitioner's request after a charge sheet has been filed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. - 18216 of 2026
Gaurav Saxena
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Dutt Tiwari
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 petitioner and learned AGA for
the State.
2. At the very outset, learned A.G.A. has pointed out that in the
instant case, the investigation has already been concluded and a
charge sheet has been forwarded against the petitioner on
23.7.2026.
3. Learned counsel for the petitioner could not dispute the
aforesaid fact but states that he does not want to press this writ
petition and seeks to withdraw it with liberty to approach
appropriate forum at appropriate stage.
4. In view of the above, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 23, 2026
R
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
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