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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The writ petition is dismissed as withdrawn upon the petitioner's request.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 Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum at a later stage.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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