Allahabad High Court
NEELESH KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn upon the petitioner's request.
Summary
The petitioner, Neelesh Kumar, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the criminal proceedings against him. The State disclosed that the investigation was complete and a charge-sheet had been filed on 28 May 2026. The petitioner did not contest these facts but expressed a desire to withdraw the writ petition, stating he would approach the appropriate forum later if needed. The court considered the petitioner's request to withdraw the writ. Both judges held that the petition could be dismissed on the petitioner's own motion. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum at a later stage.
Issues considered
- What is the appropriate procedural course when a petitioner seeks to withdraw a criminal miscellaneous writ petition after the charge-sheet has been filed?
Subjects
- writ petition
- withdrawal
- criminal procedure
- high court
- charge-sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19945 of 2026
Neelesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devi Prasad Tripathi, Manish Kumar
Pandey
Counsel for Respondent(s) : G.A., Sushil Kumar Dubey
Court No. - 47
HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard learned counsel for the petitioner, learned AGA for the State
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
charge-sheet has been forwarded against the petitioner on
28.05.2026.
3. Learned counsel for the petitioner could not dispute the aforesaid
facts but states that he does not want 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 statement made, this writ petition is dismissed as
withdrawn with aforesaid liberty.
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 8, 2026
Sanjeet
Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad
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