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Allahabad High Court

BABU RAM PRAJAPATI AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum at the appropriate stage.

Summary

Petitioners Babu Ram Prajapati and two others filed a criminal miscellaneous writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh. The investigation in the matter had already concluded and a charge sheet was filed against the petitioners on 26 July 2026. The petitioners, through counsel, did not contest this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum at a later stage. The Court considered the petitioners' request and, finding no objection, dismissed the writ petition as withdrawn while granting the liberty sought. Consequently, the petition stands dismissed without prejudice to future proceedings in the proper forum.

Issues considered

  • Whether a writ petition can be dismissed as withdrawn upon the petitioners' request
  • Whether the court may grant liberty to approach the appropriate forum at a later stage

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18645 of 2026

                                    Babu Ram Prajapati And 2 Others
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Deepak     Shukla,  Prince          Kumar
                                                                      Srivastava
                                    Counsel for Respondent(s)       : G.A., Shiv Ram Dubey

                                    Court No. - 47
                                                      HON'BLE RAJIV GUPTA, J.
                                                      HON'BLE DEVENDRA SINGH-I, J.

                                    1. Heard learned counsel for the petitioners, Sri Shiv Ram Dubey, learned
                                    counsel for respondent No.4, 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 charge sheet has been
                                    forwarded against of the petitioner on 26.07.2026.

                                    3. Per contra, 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 above statement, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.

                                    September 28, 2026
                                    SFH

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




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad


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