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Allahabad High Court

RAJAT PANDEYversusState of UP AND ANOTHER

Decided

Holding

The court allowed the withdrawal of the criminal revision and dismissed it as withdrawn.

Summary

The revisionist, Rajat Pandey, filed a criminal revision before the Allahabad High Court. The court was informed that the trial in the underlying case was already underway, with charge framing and witness examinations completed. The revisionist subsequently sought permission to withdraw the revision. The opposing party raised no objection, and the court considered whether such a withdrawal could be permitted. The court granted the request, allowing the revision to be withdrawn, and dismissed the revision as withdrawn.

Issues considered

  • Whether the court may permit the withdrawal of a criminal revision at the stage when the trial in the original case has commenced

Subjects

  • criminal revision
  • withdrawal of revision
  • procedural law
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL REVISION No. - 2343 of 2024

                                    Rajat Pandey
                                                                                             .....Revisionist(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Revisionist(s)    : Beerendra Pratap Singh, Indra Kumar
                                                                    Singh
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 45
                                                     HON'BLE LAKSHMI KANT SHUKLA, J.

                                    1. Learned AGA apprised the Court that on earlier date the status report
                                    was sought from Court concerned. As per office report dated 29.04.2026
                                    based upon Additional District Judge, Varanasi in the instant matter after
                                    framing of charge, statement of PW-1 has been completed, examination-
                                    in-chief of PW-2 is also completed and cross examination of PW-2 is
                                    going on meaning thereby the trial has been commenced and at this stage,
                                    the question of discharge appears to have become infructuous.

                                    2. At this point of time learned counsel appearing on behalf of revisionist
                                    seeks permission to withdraw the criminal revision.

                                    3. Learned AGA has no objection to the prayer made by the learned
                                    counsel for revisionist.

                                    4. Having heard the rival submissions and the current status of case
                                    concerned, permission to withdrawn is ascertained.

                                    5. Accordingly the present criminal revision is dismissed as withdrawn.



                                                                                   (Lakshmi Kant Shukla,J.)
                                    May 7, 2026
                                    Arti




Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad


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