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Allahabad High Court

CHHOTELAL GUPTA AND 11 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.

Summary

Petitioners Chhotelal Gupta and others filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the investigation and charge-sheet filed against them. The State's Additional Government Advocate informed the court that the investigation was complete and a charge-sheet had been filed on 25 July 2026. Petitioners' counsel did not dispute these facts but expressed a desire to withdraw the writ petition, reserving the right to approach the appropriate forum later. The court accepted the withdrawal request and dismissed the writ petition as withdrawn, granting liberty to the petitioners to approach the appropriate forum at a later stage.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  • Whether a criminal miscellaneous writ petition can be withdrawn after a charge-sheet has been filed
  • Whether the High Court can dismiss the petition as withdrawn upon the petitioner's request

Subjects

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

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 21739 of 2026

                                    Chhotelal Gupta And 11 Others
                                                                                           .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)           :   Shivam Kumar Modanwal
                                    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, learned AGA for the
                                    State and perused the record.

                                    2. At the very outset, learned AGA for the State has pointed out
                                    that in the instant case, investigation has already been concluded
                                    and charge-sheet has been forwarded against the petitioners on
                                    25.07.2026.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid facts but states that he does not intend to press this writ
                                    petition and seeks to withdraw it with liberty to approach the
                                    appropriate forum at appropriate stage.

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

                                    September 17, 2026
                                    Ashutosh/S

                                                                  (Devendra Singh-I,J.) (Rajiv Gupta,J.)




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

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