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Allahabad High Court

SAGARversusSTATE OF U.P. AND 3 OTHER

Decided

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

A criminal miscellaneous writ petition was filed by Sagar against the State of Uttar Pradesh and others, challenging the continuation of criminal proceedings. The investigating agency had already concluded its investigation and filed a charge sheet on 20 June 2026. The petitioner's counsel did not dispute the filing of the charge sheet but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum at a later stage. The Court, after hearing the parties, accepted the withdrawal and dismissed the petition, granting the petitioner liberty to approach the appropriate forum in the future. No substantive merits of the criminal allegations were examined.

Issues considered

  • The Court must decide whether a writ petition can be dismissed as withdrawn upon the petitioner's request.
  • The Court must consider whether to grant the petitioner liberty to approach the appropriate forum at a later stage.

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous writ
  • charge sheet
  • high court
  • petition dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 21469 of 2026

                                    Sagar
                                                                                                   .....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


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