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The writ petition is dismissed as withdrawn, with liberty granted to the petitioners to approach the appropriate forum later.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 Accordingly, the court dismissed the petition as withdrawn, granting the petitioners liberty to approach the appropriate forum at a later stage.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withdrawn with the aforesaid liberty.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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