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Allahabad High Court

FAIM AHMADversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

The petitioner, Faim Ahmad, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet against him. The State informed the court that the investigation was complete and a charge sheet had been submitted. The petitioner’s counsel did not contest this fact but expressed a desire to withdraw the petition, seeking liberty to approach the appropriate forum later. The court considered the petitioner's request to withdraw. Accordingly, the court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate disposition of a writ petition when the petitioner seeks to withdraw it after the charge sheet has been filed?

Subjects

  • writ petition
  • withdrawal
  • criminal procedure
  • high court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 8568 of 2026

                                    Faim Ahmad
                                                                                              .....Petitioner(s)
                                                                      Versus

                                    State Of Up And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)       : Abhay Kumar        Singh,    Gyanendra
                                                                      Tripathi
                                    Counsel for Respondent(s)       : G.A.

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

                                    1. Heard learned counsel for the petitioner, learned AGA for the State and
                                    perused the record.

                                    2. At the very outset, learned AGA has informed that investigation in the
                                    instant case has already been concluded and a charge sheet has been
                                    submitted against the petitioner.

                                    3. Per contra, learned counsel for the petitioner could not dispute the
                                    aforesaid fact but states that he does not want to press this petition and
                                    seeks to withdraw it with liberty to approach appropriate forum at the
                                    appropriate stage.

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



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




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

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