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Allahabad High Court

VIKASH PRAJAPATI @ CHOTU AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A criminal miscellaneous writ petition may be withdrawn even after a charge-sheet is filed, subject to the Court's discretion.

Summary

The petitioners, Vikash Prajapati and another, filed a criminal miscellaneous writ petition in the Allahabad High Court after a charge-sheet was filed against them on 5 July 2026. They later sought to withdraw the petition, stating they would approach the appropriate forum later. The State's Additional Government Advocate had no objection to the withdrawal. The Court considered the petitioners' request and, finding no impediment, allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum at a later stage.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn after a charge-sheet has been filed

Subjects

  • withdrawal of writ petition
  • criminal procedure
  • charge-sheet
  • high court
  • writ jurisdiction

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 19966 of 2026

                                    Vikash Prajapati @ Chotu And Another
                                                                                         .....Petitioner(s)
                                                                     Versus

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

                                    Counsel for Petitioner(s)       : Amit Kumar Dubey, Ankit Shukla
                                    Counsel for Respondent(s)       : G.A., Hari Om Sahu, Vivek Singh

                                    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 counsel for the petitioners has pointed
                                    out that in the instant case, investigation has already been concluded
                                    and charge-sheet has been forwarded against them on 05.07.2026
                                    and as such, he does not want to press this writ petition and seeks to
                                    withdraw it with liberty to approach the appropriate forum at
                                    appropriate stage.

                                    3. Learned A.G.A. for the State has no objection to the same.


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

                                    September 8, 2026
                                    S. Singh

                                                                 (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
SAVITA SINGH
High Court of Judicature at Allahabad


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