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Allahabad High Court

RADHA DEVI SAHUversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Radha Devi Sahu, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the continuation of criminal proceedings. The State had already concluded its investigation and forwarded a charge sheet against the accused. The petitioner’s counsel acknowledged the existence of the charge sheet but expressed a desire to withdraw the writ petition. The respondent, represented by the Additional Government Advocate, pointed out that the investigation was complete. The court considered the petitioner's request to withdraw the writ. Consequently, the court dismissed the petition as withdrawn.

Issues considered

  • What is the effect of a petitioner's request to withdraw a criminal miscellaneous writ petition after a charge sheet has been filed?

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 22802 of 2026

                                    Radha Devi Sahu
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Mayank Shekhar Singh, Vijay Narain
                                    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 accused persons.

                                         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.

                                         4. In view of the above, this writ petition is dismissed as
                                         withdrawn.



                                                                     (Devendra Singh-I,J.) (Rajiv Gupta,J.)
                                    September 29, 2026
                                    R




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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