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Allahabad High Court

GAURAV SAXENA AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as withdrawn.

Summary

Petitioners Gaurav Saxena and six others filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an ongoing investigation. The State's Additional Government Advocate informed the court that the investigation had already concluded and a police report was filed on 24 May 2026. Petitioners did not dispute this but expressed their intention not to pursue the writ and sought to withdraw it, reserving the right to approach the appropriate forum later. The court considered the petitioners' request to withdraw the petition. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.

Issues considered

  • Whether a writ petition may be dismissed on the petitioner's request to withdraw it after the investigation has concluded

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • High Court
  • procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL MISC. WRIT PETITION No. - 19256 of 2026

                                    Gaurav Saxena And 6 Others
                                                                                                .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)            :     Ray Sahab Yadav, Shiv Nath
                                    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 petitioners, 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 a police report has been
                                    forwarded against the petitioners on 24.5.2026.

                                    3. Per contra, learned counsel for the petitioners could not dispute the
                                    aforesaid fact but states that he does not intend to press this petition and
                                    seeks to withdraw it with the liberty to approach the appropriate forum at
                                    appropriate stage.

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

                                    September 28, 2026
                                    KU/SFH
                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad


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