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Allahabad High Court

ABHINAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A criminal miscellaneous writ petition may be withdrawn at the petitioner's request even after the charge sheet has been filed.

Summary

The petitioner, Abhinav, filed Criminal Miscellaneous Writ Petition No. 8016 of 2025 before the Allahabad High Court. After the charge sheet was submitted in the underlying criminal case, the petitioner's counsel, Vivek Kumar Yadav, moved the Court to withdraw the writ petition. The Court entertained the request and dismissed the writ petition as withdrawn. No substantive merits of the petition were considered. The order was pronounced by Hon'ble Justices J.J. Munir and Tarun Saxena on May 7, 2026.

Issues considered

  • Whether a criminal miscellaneous writ petition can be withdrawn after the filing of a charge sheet.

Subjects

  • writ petition
  • withdrawal
  • charge sheet
  • criminal procedure
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 8016 of 2025

                                    Abhinav
                                                                                                 .....Petitioner(s)
                                                                     Versus

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

                                    Counsel for Petitioner(s)                 :   Vivek Kumar Yadav
                                    Counsel for Respondent(s)                 :   G.A.

                                    Court No. - 47
                                                        HON'BLE J.J. MUNIR, J.
                                                        HON'BLE TARUN SAXENA, J.

                                    Mr. Vivek Kumar Yadav, learned counsel for the petitioner comes up
                                    with a prayer to withdraw this writ petition, as charge sheet has been
                                    submitted.

                                    This writ petiton is accordingly dismissed as withdrawn.



                                                                          (Tarun Saxena,J.) (J.J. Munir,J.)
                                    May 7, 2026
                                    Sumaira




Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad


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