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Allahabad High Court

KAMAL SONI @ RAVINDRA KUMAR SWARNKAR AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum at a later stage.

Summary

Petitioners filed a criminal miscellaneous writ petition challenging the investigation and charge-sheet filed against them. The State informed the Court that the investigation was complete and a charge-sheet had been filed on 01.08.2026. Petitioners did not dispute these facts and expressed their intention to withdraw the writ petition, reserving the right to approach the appropriate forum later. The Court, noting the petitioners' request, dismissed the writ petition as withdrawn, granting them liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate disposition of a writ petition when the petitioner seeks to withdraw it after the investigation and charge-sheet have been completed?

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • charge-sheet
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 18727 of 2026


                                    Kamal Soni @ Ravindra Kumar Swarnkar And
                                    5 Others                                             .....Petitioner(s)
                                                                   Versus

                                    State Of U.P. And 2 Others
                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Shivam Verma
                                    Counsel for Respondent(s)           :   G.A., Rahul Kumar Yadav

                                    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, Shri Rahul Kumar Yadav, learned counsel for the
                                    respondent no.3 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 petitioners on
                                    01.08.2026.

                                    3. Learned counsel for the petitioners 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.
                                    September 8, 2026
                                    Nadim

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




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

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