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Allahabad High Court

BABULALversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

Babulal filed a criminal miscellaneous writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and three others. The investigation had already concluded, and a final report favoring the accused was submitted on 15 May 2026. The petitioner, through counsel, did not contest this fact but expressed a desire to withdraw the petition, seeking liberty to approach the appropriate forum later if needed. The learned Additional Government Advocate confirmed the final report and the petitioner's request. The Court, after hearing both sides, dismissed the writ petition as withdrawn, granting the petitioner liberty to approach a suitable forum at a later stage.

Issues considered

  • Whether the writ petition can be dismissed as withdrawn despite the investigation being concluded
  • Whether the petitioner is entitled to liberty to approach an appropriate forum at a later stage

Subjects

  • writ petition
  • withdrawal
  • liberty to approach
  • criminal miscellaneous
  • investigation report
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18839 of 2026

                                    Babulal
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Ajay Kumar Pandey, Jaideep 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 and learned AGA
                                         for the State.

                                         2. At the very outset, learned A.G.A. has pointed out that in the
                                         instant case, the investigation has already been concluded and a
                                         final report has been forwarded in favour of the accused
                                         persons on 15.5.2026.

                                         3. Learned counsel for the petitioner could not dispute the
                                         aforesaid fact but states that he does not want to press this writ
                                         petition and seeks to withdraw it with liberty to approach
                                         appropriate forum at appropriate stage.


                                         4. In view of the above, this writ petition is dismissed as
                                         withdrawn with the aforesaid liberty.


                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 23, 2026
                                    R




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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