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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The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the appropriate forum later.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 Accordingly, the Court dismissed the writ petition as withdrawn and granted the petitioner liberty to approach the appropriate forum at a later stage.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  • Whether a criminal miscellaneous writ petition can be withdrawn by the petitioner at the pleading stage.
  • Whether the High Court can dismiss the petition as withdrawn while granting liberty to approach another forum.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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