Allahabad High Court
MOHAMMAD FAKHRUDDIN SHAH @ FAKHRUDDINversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.
Summary
The petitioner, Mohammad Fakhruddin Shah, filed a criminal miscellaneous writ petition challenging the proceedings against him after a charge sheet was filed on 30 June 2026. The State, represented by the Additional Government Advocate, informed the court that the investigation was complete and the charge sheet had been submitted. The petitioner did not contest this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The court considered the petitioner's request to withdraw the writ. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.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- Whether a criminal miscellaneous writ petition can be withdrawn after a charge sheet has been filed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
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21485 of 2026
Mohammad Fakhruddin Shah @ Fakhruddin
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mashaluddin Shah
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 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
charge sheet has been forwarded against the petitioner on
30.6.2026.
3. Learned counsel for the petitioner could not dispute the
aforesaid fact but states that he does not want to press this writ
petition and seeks to withdraw it with liberty to approach
appropriate forum at appropriate stage.
4. In view of the above, this writ petition is dismissed as
withdrawn with the aforesaid liberty.
(Devendra Singh-I,J.) (Rajiv Gupta,J.)
September 30, 2026
R
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
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