Allahabad High Court
SMT. VIMLA DEVIversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
- Decided
- Disposal
- DISMISSED AS WITHDRAWN
Holding
The writ petition is consigned to the record as withdrawn, allowing the petitioner to pursue other remedies.
Summary
Petitioner Smt. Vimla Devi filed a criminal miscellaneous writ petition challenging the proceedings against her. The State filed a charge sheet on 13 August 2024. The petitioner, through counsel, sought to withdraw the writ petition, requesting liberty to pursue other legal remedies against the charge sheet. The court, after hearing counsel, allowed the withdrawal without prejudice to the petitioner’s right to challenge the charge sheet in appropriate proceedings. Consequently, the writ petition was consigned to the record as withdrawn and any interim orders were discharged.
Issues considered
- Whether the petitioner may withdraw the criminal miscellaneous writ petition after the filing of a charge sheet
Subjects
- writ petition
- withdrawal
- charge sheet
- criminal miscellaneous
- procedural order
Judgment
Neutral Citation No. - 2024:AHC-LKO:79000-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 8305 of
2022
Petitioner :- Smt. Vimla Devi
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And
Others
Counsel for Petitioner :- Shachindra Pratap Singh,Ganesh
Kumar Gupta
Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J.
Hon'ble Om Prakash Shukla,J.
Heard learned counsel for the petitioner and learned A.G.A. for
the State.
Learned A.G.A., on instructions, states that in this case, charge
sheet has been filed in court on 13.8.2024.
Learned counsel for the petitioner prays to withdraw present
writ petition with liberty to the petitioner to take appropriate
available remedy as per law or to challenge the charge sheet in
appropriate proceedings.
Accordingly, without prejudice to the rights of petitioner to
pursue other remedies with regard to the charge sheet and also
before the trial court, present writ petition is consigned to
record as withdrawn.
Interim order, if any, stands discharged.
.
[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]
Order Date :- 28.11.2024
Sachin
Digitally signed by :-
SACHIN MEHROTRA
High Court of Judicature at Allahabad,
Lucknow Bench
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