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Allahabad High Court

MOHD. HASAN @ HASSAN KHANversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum at a later stage.

Summary

The petitioner, Mohd. Hasan @ Hassan Khan, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the proceedings of a criminal investigation that had already culminated in a charge-sheet dated 18 May 2026. The State, represented by the Additional Government Advocate, informed the Court that the investigation was complete and a charge-sheet had been filed. The petitioner’s counsel, while not disputing these facts, expressed a desire to withdraw the writ petition and seek relief in the appropriate forum at a later stage. The Court considered the petitioner's request to withdraw and, finding no objection, dismissed the writ petition as withdrawn, granting liberty to approach the appropriate forum later. The Court also ordered the return of any certified copies of documents to the petitioner's counsel.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner after the investigation has concluded and a charge-sheet has been filed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. - 18426 of 2026

                                    Mohd. Hasan @ Hassan Khan
                                                                                         .....Petitioner(s)
                                                                    Versus

                                    State Of U.P. And 5 Others
                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s) : Praveen Kumar            Tripathi,    Shri
                                                                Krishna Tripathi
                                    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, 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 a charge-sheet has been forwarded against the petitioner on
                                    18.05.2026.

                                    3. Learned counsel for the petitioner could not dispute the
                                    aforesaid facts but states that he does not intend to further 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.

                                    5. Certified copy of the relevant documents, if any, be returned
                                    back to learned counsel for the petitioner as per Rules.
                                    September 18, 2026
                                    Nadim

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




Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad


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