Created by Fuzzy Cloud

Allahabad High Court

JAINESH MISHRA AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.

Summary

The petitioners, Jainesh Mishra and five others, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an ongoing criminal proceeding. The State of U.P. informed the court that the investigation was complete and a charge-sheet had been filed on 12-10-2025. The petitioners 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 petitioners' request to withdraw the petition. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate procedural course when a petitioner seeks to withdraw a criminal miscellaneous writ petition after the charge-sheet has been filed?

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • High Court
  • procedural law

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 7365 of 2026

                                    Jainesh Mishra And 5 Others
                                                                                        .....Petitioner(s)
                                                                   Versus

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

                                    Counsel for Petitioner(s) : Majahar Ali
                                    Counsel for Respondent(s) : Ashutosh Kumar Pandey,             G.A.,
                                                                Gajendra Kumar Gautam

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

                                    1. Heard learned counsel for the petitioners, learned AGA for the
                                    State, learned counsel for the respondent no.3 and perused the
                                    record.

                                    2. At the very outset, learned AGA for the State has pointed out
                                    that in the instant case, investigation has already been concluded
                                    and the charge-sheet has been forwarded on 12.10.2025.

                                    3. Learned counsel for the petitioners could not dispute the
                                    aforesaid facts but states that he does not want to press this writ
                                    petition and seeks to withdraw it with liberty to approach the
                                    appropriate forum at appropriate stage.

                                    4. In view of the statement made, this writ petition is dismissed as
                                    withdrawn with aforesaid liberty.
                                    May 5, 2026
                                    Nadim

                                                            (Lakshmi Kant Shukla,J.) (Rajiv Gupta,J.)




Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.