RAJKUMAR AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 10115 of 2026

Rajkumar And 4 Others
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)                             :    Neeraj Pal
Counsel for Respondent(s)                             :    G.A.

Court No. - 49
                 HON'BLE RAJEEV MISRA, J.
                 HON'BLE PADAM NARAIN MISHRA, J.

1. Heard Mr. Neeraj Pal, the learned counsel for petitioners and the learned
A.G.A. representing State-respondents 1 & 2.

2. Perused the record.

3. Petitioners- Rajkumar And 4 Others have approached this Court by means of
present criminal misc. writ petition challenging the impugned FIR dated
08.03.2026 lodged by first informant-respondent-3, Smt. Savitri Devi and
registered as Case Crime No. 0023 of 2026, under Sections 85, 352, 115(2),
351(3) of BNS and Section 3/4 of D.P. Act, Police Station- Renua, District-
Southern (Commissionerate Kanpur Nagar).

4. On the matter being taken up, the learned A.G.A. representing State-
respondents 1 & 2 submits that even before the filing of present writ petition
Investigating Officer upon completion of statutory investigation of
aforementioned case crime number in terms of Chapter-XIII BNSS/
Chapter- XII Cr.P.C., have already submitted the charge sheet/police report
dated 30.03.2026 in terms of Section 173(2) Cr.P.C./ 193(3) BNSS. It is thus
urged by the learned A.G.A. that in view of above, remedy now lies to
petitioners to approach this Court by means of an application under Section
528 BNSS /482 Cr.P.C. challenging aforementioned charge sheet/police
report as well as the cognizance taking order/summoning order to be passed
by the Jurisdictional Magistrate in exercise of jurisdiction under Section
190(1)(b) Cr.P.C./210 BNSS. It is thus urged by the learned A.G.A. that no
interference is warranted by this Court in present writ petition.

5. When confronted with above, the learned counsel for petitioners fairly
submits that in view of the submissions made by the learned A.G.A. in
opposition to present writ petition, instant writ petition be dismissed as
withdrawn with liberty aforesaid.
                                                                                           CRLP No. 10115 of 2026
                                                                     2

                                    6. Learned A.G.A. for State-respondents 1 & 2 and the learned counsel
                                    representing first-informant respondent-3 do not oppose the aforesaid prayer
                                    made by the learned counsel for petitioners.

                                    7. In view of above, the prayer prayed for by means of present writ petition
                                    is, hereby, refused.

                                    8. Having heard, the learned counsel for petitioners, the learned A.G.A. for
                                    State-respondents 1 & 2 upon perusal of record and considering the rival
                                    submissions urged by the learned counsel for the parties as noted herein
                                    above, this writ petition shall stand dismissed as withdrawn with liberty
                                    aforesaid.

                                    9. Interim order, if any, stands vacated.



                                                                 (Padam Narain Mishra,J.) (Rajeev Misra,J.)
                                    May 5, 2026
                                    Israr




Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad