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Allahabad High Court

MAHAVEER ARYA AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn upon the petitioners' request.

Summary

The petitioners, Mahaveer Arya and five others, filed a criminal miscellaneous writ petition (No. 8862 of 2026) before the Allahabad High Court. The State had already concluded its investigation and filed a charge‑sheet against the petitioners. While the petitioners did not contest these facts, their counsel expressed a desire to withdraw the writ petition, seeking liberty to approach the appropriate forum later. The court considered the petitioners' request and, finding no objection, allowed the withdrawal. Consequently, the writ petition was dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum at a later stage.

Issues considered

  • Can a petitioner withdraw a criminal miscellaneous writ petition after the investigation has concluded and a 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. - 8862 of 2026

                                    Mahaveer Arya And 5 Others
                                                                                         .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s)                :   Surya Bhan Yadav
                                    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 petitioners, 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 against the petitioners.

                                    3. Learned counsel for the petitioners 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


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