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Allahabad High Court

JITENDRA PATELversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed, with liberty granted to the petitioner to pursue any other remedy.

Summary

The petitioner, Jitendra Patel, filed a criminal miscellaneous writ petition seeking relief, but after being informed that the charge sheet had been submitted, he requested that the petition be dismissed as not pressed, reserving the right to pursue any other legal remedy. The respondent State of U.P. and others did not oppose the dismissal. The court considered whether a writ petition can be dismissed on the ground that it is not pressed when the charge sheet is filed. Finding no objection and accepting the petitioner's request, the court dismissed the writ petition as not pressed and granted the petitioner liberty to seek any other appropriate remedy. The dismissal effectively closed the writ proceedings without prejudice to further action.

Issues considered

  • What is the appropriate basis for dismissing a criminal miscellaneous writ petition as not pressed after the filing of a charge sheet?

Subjects

  • criminal procedure
  • writ petition
  • dismissal as not pressed
  • charge sheet
  • liberty to pursue remedy

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 20558 of 2026

                                    Jitendra Patel
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)       : Chandra Kumar Rai, Girish Kumar
                                                                      Pandey
                                    Counsel for Respondent(s)       : G.A.

                                    Court No. - 44
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Upon being informed that the charge sheet in the case has been
                                    submitted, learned counsel for the petitioner prays that the writ petition be
                                    dismissed as not pressed, leaving it open to avail such remedy as might be
                                    available under the law.

                                    2. Learned AGA has no objection to the dismissal of the writ petition.

                                    3. Under such circumstances, the writ petition is dismissed as not pressed
                                    and liberty is granted to the petitioner to pursue such remedy as might be
                                    available to him.



                                                          (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    September 8, 2026
                                    S.K.S.




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

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