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Allahabad High Court

LALIT KUMAR AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition was dismissed as not pressed.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking relief, but their counsel informed the court that a charge sheet had already been filed in the underlying case and therefore they did not wish to pursue the writ further. The court accepted this position and dismissed the writ petition as not pressed. The court directed that the case record be placed before the appropriate court on 21 May 2026 along with a mediation centre report to determine whether the amount deposited by the petitioner had been withdrawn by the opposite party. No substantive merits of the underlying criminal case were addressed. The dismissal was procedural, based solely on the petitioners' request to withdraw the writ.

Issues considered

  • Whether a criminal miscellaneous writ petition can be dismissed on the ground that the petitioner does not wish to press it after a charge sheet is filed

Subjects

  • criminal procedure
  • writ petition
  • charge sheet
  • dismissal
  • mediation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7429 of 2022

                                    Lalit Kumar And 5 Others
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Ashish     Goyal,  Virendra            Kumar
                                                                       Srivastava
                                    Counsel for Respondent(s)        : G.A., Gaurav Kumar Srivastava

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


                                    1. Sri Virendra Kumar Srivastava, learned counsel appearing on behalf of
                                    the petitioners states that charge sheet has been submitted in this case,
                                    therefore, he does not want to press further the writ petition.

                                    2. Accordingly, the writ petition is dismissed as not pressed.

                                    3. However, the record of this case be placed before the appropriate Court
                                    on 21.05.2026 alongwith the report of Mediation Centre as to whether the
                                    amount deposited by the petitioner, has been withdrawn by the first
                                    informant/ opposite party or not.
                                    May 7, 2026
                                    S.K.S.
                                                          (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)




Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad


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