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Allahabad High Court

MUKESH GUPTA AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn with liberty to approach the appropriate forum later.

Summary

Petitioners Mukesh Gupta and three others filed a criminal miscellaneous writ petition challenging the proceedings against them. The State informed the Court that the investigation was complete and a charge sheet had been filed on 29 July 2026. The petitioners did not dispute this but expressed their intention not to pursue the writ and sought to withdraw it, requesting liberty to approach the appropriate forum later. The Court considered the petitioners' request and the fact that the charge sheet was already filed. Accordingly, the Court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.

Issues considered

  • Whether the writ petition can be dismissed as withdrawn when the petitioners seek to withdraw it after a charge sheet has been filed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. - 18460 of 2026

                                    Mukesh Gupta And 3 Others
                                                                                                .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)      : Amit Kumar Yadav, Vimal Kumar
                                                                     Pandey
                                    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, 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 29.7.2026.

                                    3. Per contra, learned counsel for the petitioners 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 18, 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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