Allahabad High Court
DR. MUKESH KUMARversusSTATE 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- DISMISSED AS WITHDRAWN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The writ petition is consigned to the record as withdrawn, without prejudice to the petitioner’s right to pursue other remedies.
Summary
Dr. Mukesh Kumar filed a criminal miscellaneous writ petition challenging the proceedings against him. The State filed a charge sheet on 13‑08‑2024. The petitioner, through counsel, sought to withdraw the writ petition, requesting liberty to pursue other 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. The interim order, if any, was discharged and the petition was consigned to the record as withdrawn.
Issues considered
- Whether the petitioner may withdraw the criminal miscellaneous writ petition after the charge sheet has been filed
Subjects
- writ petition
- withdrawal
- charge sheet
- criminal miscellaneous
- procedural order
- Allahabad High Court
Judgment
Neutral Citation No. - 2024:AHC-LKO:79000-DB
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 8431 of
2022
Petitioner :- Dr. Mukesh Kumar
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record as withdrawn.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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