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The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum at the appropriate stage.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 The Court considered the petitioners' request and, finding no objection, dismissed the writ petition as withdrawn while granting the liberty sought.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- Whether a writ petition can be dismissed as withdrawn upon the petitioners' request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withdrawn with aforesaid liberty.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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