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Allahabad High Court

PUSHPA DEVI AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court declined to quash the FIR and dismissed the writ petition, directing the petitioners to avail their remedy under the BNSS.

Summary

The petitioners, comprising Pushpa Devi and six others, filed a criminal miscellaneous writ petition challenging the filing of a charge sheet against petitioners No.2 to 7 and the final report against petitioner No.1. The petitioners sought to quash the FIR and to assail the charge sheet under the provisions of the BNSS. The Court observed that the petitioners had not expressed a desire to pursue the writ petition and that the appropriate remedy for petitioners No.2 to 7 lay in invoking the BNSS provisions. Consequently, the Court declined to quash the FIR and dismissed the writ petition. The decision underscores that the petitioners may still pursue their remedy under the BNSS.

Issues considered

  • The FIR may be quashed under the writ petition
  • The charge sheet filed against petitioners No.2 to 7 can be assailed under the BNSS

Subjects

  • FIR
  • charge sheet
  • quash
  • writ petition
  • BNSS
  • criminal procedure

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 14632 of 2026

                                    Pushpa Devi And 6 Others
                                                                                                  .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Akhilesh Bharti, Kamlesh Prasad
                                    Counsel for Respondent(s)              :   G.A.

                                    Court No. - 49
                                                        HON'BLE AJAY BHANOT, J.
                                                        HON'BLE DIVESH CHANDRA SAMANT, J.

                                    Shri Akhilesh Bharti, learned counsel for the petitioners submits
                                    that the charge sheet has been filed against the petitioner No.2 to
                                    7 while the final report has been filed against the petitioner No.1
                                    only. The petitioners do not wish to press the writ petition. The
                                    petitioner Nos.2 to 7 seek leave to assail the charge sheet under
                                    the appropriate provisions of the BNSS.

                                    The relief sought for quashing of the F.I.R. is accordingly
                                    declined.

                                    The writ petition is dismissed with the observation that it is
                                    always open to the petitioners No.2 to 7 to avail their remedy
                                    under the BNSS.


                                                                   (Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
                                    September 17, 2026
                                    Ashish Tripathi




Digitally signed by :-
ASHISH NAYAN TRIPATHI
High Court of Judicature at Allahabad


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