Allahabad High Court
INDRA KUMAR JAINversusSTATE 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The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.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, Indra Kumar Jain, filed a criminal miscellaneous writ petition challenging the proceedings against him. The State had already concluded the investigation and filed a charge sheet on 12 September 2026. The petitioner, through counsel, did not contest this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The learned Additional Government Advocate informed the court of the charge sheet filing. The court, after hearing both sides, allowed the withdrawal and dismissed the petition, 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- Whether a criminal miscellaneous writ petition can be withdrawn after a charge sheet has been filed against the petitioner.
Subjects
- writ petition
- withdrawal
- charge sheet
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23139 of 2026
Indra Kumar Jain
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aklank Kumar Jain
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
12.9.2026.
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withdrawn with the aforesaid liberty.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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