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Allahabad High Court

NAGESH AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum later.

Summary

Petitioners Nagesh and two others filed a criminal miscellaneous writ petition challenging the investigation and charge-sheet filed against them. The State informed the Court that the investigation was complete and a charge-sheet had been filed on 25-08-2026. Petitioners did not dispute these facts but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The Court considered the petitioners' request and, noting the withdrawal, dismissed the writ petition while granting them liberty to approach the appropriate forum at a later stage. The dismissal was recorded as a withdrawal of the petition.

Issues considered

  • Can a criminal miscellaneous writ petition be dismissed on the petitioner's request for withdrawal?

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • high court
  • charge-sheet

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. WRIT PETITION No. - 22232 of 2026

                                    Nagesh And 2 Others
                                                                                        .....Petitioner(s)
                                                                    Versus

                                    State Of Uttar Pradesh And 2 Others
                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)            :    Sushil Kumar Pandey
                                    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
                                    25.08.2026.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid facts but states that he does not want 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 30, 2026
                                    Sanjeet

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




Digitally signed by :-
SANJEET KUMAR YADAV
High Court of Judicature at Allahabad


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