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Allahabad High Court

RAVI SHANKAR PANDEY AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum.

Summary

Petitioners Ravi Shankar Pandey and two others filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the continuation of proceedings after the police investigation had been completed and a report filed. The State of Uttar Pradesh, through its Additional Government Advocate, informed the Court that the investigation was already concluded and the police report submitted. The petitioner's counsel did not contest this fact but expressed a desire to withdraw the petition, seeking liberty to approach the appropriate forum later. The Court noted the petitioner's intention to withdraw and, after considering the submission, dismissed the writ petition as withdrawn. The dismissal was accompanied by liberty for the petitioners to approach the appropriate forum if they so wish.

Issues considered

  • What is the appropriate procedure when a petitioner wishes to withdraw a criminal miscellaneous writ petition after the investigation is concluded?

Subjects

  • withdrawal of writ petition
  • criminal miscellaneous petition
  • Allahabad High Court
  • investigation concluded
  • petition dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7338 of 2026

                                    Ravi Shankar Pandey And 2 Others
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Shailendra  Kumar     Sharma,            Sr.
                                                                     Advocate
                                    Counsel for Respondent(s)      : Abhishek Kumar Shukla, G.A.

                                    Court No. - 48
                                                     HON'BLE RAJIV GUPTA, J.
                                                     HON'BLE LAKSHMI KANT SHUKLA, J.

                                    1. Heard learned counsel for the petitioner, learned AGA for the State, Sri
                                    Abhishek Kumar Shukla, learned counsel for respondent no. 4 and
                                    perused the record.

                                    2. At the very outset, learned AGA has pointed out that in the instant case,
                                    investigation has already been concluded and a police report has been
                                    submitted.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not intend to press this petition and
                                    seeks to withdraw it with liberty to approach the appropriate forum.

                                    4. In view of the above statement, this writ petition is dismissed as
                                    withdrawn with the aforesaid liberty.



                                                                 (Lakshmi Kant Shukla,J.) (Rajiv Gupta,J.)
                                    May 5, 2026
                                    Arti




Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad


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