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Allahabad High Court

SANTOSH KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.

Summary

Santosh Kumar filed a criminal miscellaneous writ petition (No. 8588 of 2026) before the Allahabad High Court challenging the proceedings of the State of Uttar Pradesh and others. The State's Additional Government Advocate informed the Court that the investigation was complete and a charge sheet had been filed against the petitioner. The petitioner did not contest this fact but expressed his desire to withdraw the writ petition, stating he would approach the appropriate forum at a later stage if needed. The Court considered the petitioner's request and, noting his clear intention to withdraw, dismissed the writ petition as withdrawn. The judges also granted the petitioner liberty to approach the appropriate forum at the appropriate stage.

Issues considered

  • Whether a criminal miscellaneous writ petition can be dismissed as withdrawn upon the petitioner's request

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 8588 of 2026

                                    Santosh Kumar
                                                                                                .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)       : Nikhil Pratap Singh, Sharad Chand Rai
                                    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 pointed out that in the instant case,
                                    investigation has already been concluded and a charge sheet has been
                                    forwarded against the petitioner.

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




Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad


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