Allahabad High Court
NISHANT TOMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.
Summary
The petitioner, Nishant Tomar, filed a criminal miscellaneous writ petition challenging the investigation and charge sheet filed against him. The State, represented by the Additional Government Advocate, informed the court that the investigation was complete and a charge sheet had been filed on 13 September 2026. 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 Accordingly, the court dismissed the petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.
Issues considered
- Whether a writ petition can be dismissed as withdrawn upon the petitioner's request
Subjects
- writ petition
- withdrawal
- criminal proceedings
- high court
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23138 of 2026
Nishant Tomar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hemendra Kumar
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
13.9.2026.
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withdrawn with the aforesaid liberty.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.)
October 1, 2026
R
Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad
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