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Allahabad High Court

ISMILE AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.

Summary

The petitioners, Ismile and five others, filed a criminal miscellaneous writ petition before the Allahabad High Court challenging an ongoing investigation. The State's Additional Government Advocate informed the court that the police investigation had concluded and a charge sheet was filed on April 6, 2026. The petitioners' counsel did not contest this fact but expressed a desire to withdraw the petition, seeking liberty to approach the appropriate forum later if needed. The court considered the petitioners' request to withdraw the writ. Accordingly, the court dismissed the petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.

Issues considered

  • What is the appropriate course of action when a petitioner seeks to withdraw a criminal miscellaneous writ petition after the investigation has concluded?

Subjects

  • writ petition
  • withdrawal
  • criminal miscellaneous
  • high court
  • procedure

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 9416 of 2026

                                    Ismile And 5 Others
                                                                                              .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)       : Krishna Shankar, Sumit Kumar Gupta
                                    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 has informed that investigation in the
                                    instant case has already been concluded and police report has been
                                    forwarded against the petitioners on 6.4.2026.

                                    3. Per contra, learned counsel for the petitioners could not dispute the
                                    aforesaid fact but states that he does not want to press this petition and
                                    seeks to withdraw it with liberty to approach appropriate forum at the
                                    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 6, 2026
                                    Dhirendra/




Digitally signed by :-
DHIRENDRA KUMAR
High Court of Judicature at Allahabad


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