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Allahabad High Court

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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.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

Sri Dhaniram filed a criminal miscellaneous writ petition challenging the State of Uttar Pradesh and three others. The investigation had already concluded, and a final report favoring the accused was submitted on 27 July 2026. The petitioner, through counsel, did not contest this fact and expressed a desire to withdraw the petition while seeking liberty to approach the appropriate forum later. The learned Additional Government Advocate confirmed the final report. The Court, after hearing both sides, dismissed the writ petition as withdrawn, granting the petitioner liberty to approach a suitable forum at a later stage.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

  • What is the appropriate disposition of a writ petition when the petitioner seeks to withdraw it after the investigation has concluded?

Subjects

  • writ petition
  • withdrawal
  • procedural discretion
  • criminal investigation
  • final report
  • court order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18841 of 2026

                                    Sri Dhaniram @ Dhaniya
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)               :   Mayank Prakash Rawat
                                    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 27.7.2026.

                                         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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