Allahabad High Court
DHANRAJ @ VIJAYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.
Summary
The petitioner, Dhanraj @ Vijay, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging the proceedings initiated by the State of Uttar Pradesh. The court noted that the investigation was already completed and a charge sheet had been filed, leading the magistrate to take cognizance of the case. The petitioner’s counsel, while not disputing these facts, expressed that he did not wish to pursue the writ petition and sought to withdraw it, requesting liberty to approach the appropriate forum later if needed. The State’s counsel raised no objection to the withdrawal. Accordingly, the Court dismissed the writ petition as withdrawn and granted the petitioner liberty to approach the appropriate forum at a later stage.
Issues considered
- Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner at the pleading stage.
- Whether the High Court can dismiss the petition as withdrawn while granting liberty to approach another forum.
Subjects
- withdrawal of writ petition
- criminal proceedings
- high court jurisdiction
- charge sheet
- cognizance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8869 of 2026
Dhanraj @ Vijay
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Garg
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
submitted against the petitioner, upon which, learned Magistrate has taken
cognizance.
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withdrawn with the aforesaid liberty.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 7, 2026
KU
Digitally signed by :-
KALIM UDDIN SIDDIQUI
High Court of Judicature at Allahabad
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