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Allahabad High Court

SMT. SIVA BAGAM AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A writ petition may be dismissed as withdrawn when the petitioner expressly seeks withdrawal and the opposing party does not object.

Summary

The petitioners filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief. The State's Additional Government Advocate informed the Court that the investigation was already concluded and a final report had been submitted in favor of the petitioners. The petitioners, acknowledging this fact, expressed their desire to withdraw the writ petition. The Additional Government Advocate raised no objection to the withdrawal. Consequently, the Court dismissed the writ petition as withdrawn.

Issues considered

  • What is the appropriate procedural course when a petitioner seeks to withdraw a writ petition after a final investigative report has been filed?

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • final investigative report
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 20626 of 2026

                                    Smt. Siva Bagam And 4 Others
                                                                                              .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 2 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)     : Dharam Singh, Kumari              Poonam
                                                                    Rajpoot, Prem Babu Verma
                                    Counsel for Respondent(s)     : G.A.

                                    Court No. - 47
                                                      HON'BLE RAJIV GUPTA, J.
                                                      HON'BLE DEVENDRA SINGH-I, J.

                                         1. Heard learned counsel for the petitioners and learned
                                         AGA for the State.

                                         2. At the very outset, learned A.G.A. has pointed out that
                                         in the instant case, the investigation has already been
                                         concluded and a final report has been forwarded in favour
                                         of the petitioners.

                                         3. Learned counsel for the petitioners could not dispute
                                         the aforesaid fact but states that he does not want to
                                         press this writ petition and seeks to withdraw it.

                                         4. Learned A.G.A. has no objection.

                                         5. In view of the above, this writ petition is dismissed as
                                         withdrawn.



                                                                   (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    October 1, 2026
                                    R




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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