Created by Fuzzy Cloud

Allahabad High Court

GABBARversusSTATE OF U.P. AND 3 OTHER

Decided

Holding

The Court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum later.

Summary

Gabbar filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the proceedings against him. The State informed the Court that the investigation was complete and a charge sheet had been filed on 20 June 2026. The petitioner’s counsel did not contest this but expressed a desire to withdraw the petition, reserving the right to approach the appropriate forum later. The Court considered the petitioner's request to withdraw the writ. Accordingly, the Court dismissed the petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate course of action when a petitioner seeks to withdraw a criminal miscellaneous writ petition after a charge sheet has been filed?

Subjects

  • writ petition
  • withdrawal of petition
  • criminal procedure
  • charge sheet
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                           CRIMINAL MISC. WRIT PETITION No. - 21464 of 2026

                                    Gabbar
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 3 Other
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Brijesh Kumar Prajapati, Maheshwari
                                                                       Prasad Srivastava, Shobha Ram,
                                                                       Surendra Kumar Singh
                                    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 petitioner, learned AGA for the State and
                                    perused the record.

                                    2. At the very outset, learned AGA has pointed out that in the instant case,
                                    investigation has already been concluded and a charge sheet has been
                                    forwarded against the petitioner on 20.6.2026.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not intend to further press this petition
                                    and seeks to withdraw it with liberty to approach the appropriate forum at
                                    appropriate stage.

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

                                    September 30, 2026
                                    KU
                                                                       (Devendra Singh-I,J.) (Rajiv Gupta,J.)




Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.