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A criminal miscellaneous writ petition may be withdrawn even after a charge-sheet is filed, subject to the Court's discretion.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 Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum at a later stage.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- Whether a criminal miscellaneous writ petition can be withdrawn after a charge-sheet has been filed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withdrawn with the aforesaid liberty.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
Checking your session…