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Allahabad High Court

BAJRANG LAL HARIRAM TIBREWALA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed because the charge-sheet has been filed.

Summary

The petitioners, Bajrang Lal Hariram Tibrewala and two others, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against the State. The petitioners' counsel informed the Court that the police had already submitted a charge-sheet in the underlying criminal case. Relying on this submission, the petitioners requested that the writ petition be dismissed as not pressed, while also seeking liberty to pursue any other legal remedy available. The Court examined the status of the charge-sheet and concluded that the filing of the charge-sheet rendered the writ petition unnecessary. Consequently, the Court dismissed the writ petition as not pressed, granting the petitioners liberty to approach the appropriate forum for any further relief. No substantive merits of the petition were addressed beyond the procedural dismissal.

Issues considered

  • What is the appropriate disposition of a writ petition when the charge-sheet in the underlying criminal case has already been filed?

Subjects

  • criminal procedure
  • writ petition
  • charge-sheet
  • dismissal
  • not pressed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 5347 of 2022

                                    Bajrang Lal Hariram Tibrewala And 2 Others
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Hemant Kumar, Pradeep Kumar Keshri
                                    Counsel for Respondent(s)        : G.A., Rajesh Kumar Shukla

                                    Court No. - 42
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Sri Suraj Kumar, Advocate holding brief of Sri Pradeep Kumar Keshri,
                                    learned counsel for the petitioners informs that the charge-sheet in the case
                                    had been submitted by the Police. He therefore prays that the writ petition be
                                    dismissed as not pressed with a liberty to avail such remedy as might be
                                    available under the law.

                                    2. Under such circumstances, no further order is required to be passed.

                                    3. The instant writ petition is accordingly, dismissed as not pressed with the
                                    liberty aforeprayed.

                                    May 5, 2026
                                    M.S. Ansari
                                                          (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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