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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

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


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