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Allahabad High Court

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The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.

Summary

The petitioners, Sachin and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an ongoing criminal investigation. The Attorney General informed the Court that the police investigation had been completed and a report had been filed against the petitioners. The petitioners' counsel acknowledged this fact but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The Court considered the request to withdraw the petition. In view of the petitioners' wish to discontinue the proceedings, the Court dismissed the writ petition as withdrawn, granting them liberty to approach the appropriate forum at a later stage.

Issues considered

  • Whether a criminal miscellaneous writ petition can be dismissed on the petitioner's request to withdraw it
  • Whether the Court may grant liberty to the petitioners to approach the appropriate forum at a later stage

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • High Court of Allahabad
  • petition dismissed

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 8089 of 2026

                                    Sachin And Another
                                                                                                 .....Petitioner(s)
                                                                     Versus
                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Malik Aalmeen, Shubham Shukla
                                    Counsel for Respondent(s)           :   G.A., Vinay Bhushan Upadhyay

                                    Court No. - 48
                                                          HON'BLE RAJIV GUPTA, J.
                                                          HON'BLE DR. AJAY KUMAR-II, J.

                                         1. Heard learned counsel for the petitioners, learned
                                         counsel for respondent no. 4 and learned AGA for the
                                         State.

                                         2. At the very outset, learned A.G.A. has pointed out that in
                                         the instant case, the investigation has already been
                                         concluded and police report has been forwarded against
                                         the petitioners.

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

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


                                    May 6, 2026
                                    R
                                                                       (Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)




Digitally signed by :-
RAM ASARE MORYA
High Court of Judicature at Allahabad


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