Allahabad High Court
SACHIN KUMAR (WRONGLY MENTIONED IN THE F.I.R. AS ATUL KUMAR)versusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A writ petition may be dismissed as withdrawn when the petitioner expressly seeks its withdrawal.
Summary
The petitioner, Sachin Kumar, filed a criminal miscellaneous writ petition challenging the filing of a charge-sheet in a case where he was wrongly named in the FIR. The State informed the court that the investigation was complete and a charge-sheet had been filed on 17-04-2026. The petitioner did not contest these facts but expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The court considered the petitioner's request and, noting his clear intention to withdraw, dismissed the writ petition as withdrawn, granting him liberty to approach the appropriate forum at a later stage.
Issues considered
- Whether a writ petition can be dismissed as withdrawn upon the petitioner's request to withdraw it
Subjects
- writ petition
- withdrawal
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8822 of 2026
Sachin Kumar (Wrongly Mentioned In The
F.I.R. As Atul Kumar) .....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Mishra
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 for the State has pointed out
that in the instant case, investigation has already been concluded
and a charge-sheet has been forwarded on 17.04.2026.
3. Learned counsel for the petitioner could not dispute the
aforesaid facts but states that he does not want to press this writ
petition and seeks to withdraw it with liberty to approach the
appropriate forum at appropriate stage.
4. In view of the statement made, this writ petition is dismissed as
withdrawn with aforesaid liberty.
May 7, 2026
Nadim
(Dr. Ajay Kumar-II,J.) (Rajiv Gupta,J.)
Digitally signed by :-
NADIM ALAM
High Court of Judicature at Allahabad
Checking your session…