Allahabad High Court
SATYA PRAKASH SHARMA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to approach the appropriate forum at a later stage.
Summary
The petitioners, Satya Prakash Sharma and another, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the filing of a charge sheet dated 2 February 2021. The State of Uttar Pradesh and two other respondents opposed the petition. During the hearing, the petitioners' counsel indicated that they did not wish to pursue the petition and sought to withdraw it, while reserving the right to approach the appropriate forum later. The court noted that the investigation was already concluded and a charge sheet was filed, but accepted the petitioners' request to withdraw. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to approach another forum if needed.
Issues considered
- What is the appropriate procedural step when a petitioner wishes to withdraw a criminal miscellaneous writ petition after the charge sheet has been filed?
Subjects
- writ petition
- withdrawal
- criminal miscellaneous
- High Court
- dismissal
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8789 of 2026
Satya Prakash Sharma And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Tiwari
Counsel for Respondent(s) : G.A., Prateek Rai
Court No. - 48
HON'BLE RAJIV GUPTA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard learned counsel for the petitioners, learned AGA for the State,
Sri D.K. Singh holding brief of Sri Prateek Rai, learned counsel for
respondent No. 3 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 petitioners on 2.2.2021.
3. Per contra, learned counsel for the petitioners 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withdrawn with the aforesaid liberty.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 7, 2026
KU
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
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