Allahabad High Court
FAIJIL @ FAISAL AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as the petitioner may pursue other legal remedies against the chargesheet before a competent court.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking to challenge a chargesheet that had been filed against them. They requested leave to assail the chargesheet under Section 528 of the BNSS and expressed a desire not to pursue the writ further. The court noted that the petitioners could pursue other legal remedies against the chargesheet in the appropriate forum. Consequently, the High Court dismissed the writ petition. The judgment also indicated that the petitioners remain free to approach a competent court for any further challenge to the chargesheet.
Issues considered
- Whether the writ petition seeking leave to assail a chargesheet under Section 528 of the BNSS can be entertained.
Legislation cited
- BNSS — s. 528
Subjects
- chargesheet
- Section 528
- writ petition
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14038 of 2023
Faijil @ Faisal And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Yadav
Counsel for Respondent(s) : G.A., Purushottam Pandey
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE AVNISH SAXENA, J.
Shri Mohd. Hasnain, learned counsel for the petitioner submits
that a chargesheet has been filed in the instant case. The
petitioner does not wish to press the writ petition and seeks leave
to assail the chargesheet under Section 528 of BNSS.
The writ petition is accordingly dismissed.
It is always open to the petitioner to avail other legal remedies
against the chargesheet before the competent court as may be
advised.
(Avnish Saxena,J.) (Ajay Bhanot,J.)
February 24, 2026
Vikram
Digitally signed by :-
VIKRAM SINGH
High Court of Judicature at Allahabad
Checking your session…