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Allahabad High Court

AMBIKA RUGHTA AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as withdrawn with liberty, as the appropriate remedy lies under Sections 528 and 210 of the BNSS and no writ interference is warranted.

Summary

Petitioners Ambika Rughta and four others filed a criminal miscellaneous writ petition challenging an FIR dated 24‑08‑2026 registered under several sections of the BNSS and the D.P. Act. An inadvertent error duplicated petitioner‑3’s name in the cause title, and the court allowed amendment of the title. The State, through the A.G.A., informed the court that a charge sheet had already been filed under Section 193(3) BNSS and that the proper remedy for the petitioners was an application under Section 528 BNSS and a challenge to the magistrate’s cognizance order under Section 210 BNSS, not a writ. Petitioners could not overcome this objection and sought dismissal of the writ as withdrawn. The court, agreeing with the State, refused the prayer and dismissed the writ petition as withdrawn with liberty, vacating any earlier interim orders.

Issues considered

  • Whether the High Court can interfere with the FIR and charge sheet through a writ petition.
  • Whether the appropriate remedy for challenging the charge sheet is an application under Section 528 BNSS and a challenge under Section 210 BNSS.
  • Whether the amendment of the cause title due to duplication is permissible.

Legislation cited

  • BNSS — s. 111(2), 193(3), 210, 351(1), 352, 528, 85
  • D.P. Act — s. 3, 4

Subjects

  • writ petition
  • FIR
  • charge sheet
  • amendment of cause title
  • jurisdiction
  • Section 528 BNSS
  • criminal procedure
  • withdrawn petition
  • interim order vacated

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 22537 of 2026

Ambika Rughta And 4 Others
                                                            .....Petitioner(s)
                                  Versus

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

Counsel for Petitioner(s)                  :   Tariq Maqbool Khan
Counsel for Respondent(s)                  :   G.A.

Court No. - 46
                  HON'BLE RAJEEV MISRA, J.
                  HON'BLE DR. AJAY KUMAR-II, J.

1. Heard Mr. Tariq Maqbool Khan, the learned counsel for petitioners and
the learned A.G.A. representing State/respondents 1 and 2.

2. Perused the record.

3. At the very outset, the learned counsel for petitioners submits that due
to inadvertence an inadvertent error has crept in the present writ petition.
Resultantly, petitioner- 3 has been arrayed twice in the cause title of the
writ petition as well as stay application. On the above premise, the learned
counsel for petitioners submits that he be permitted to amend the cause
title of the writ petition as well stay application.

4. Prayer mater by the learned counsel for petitioners is bonafied. Same is
not opposed by the learned A.G.A.. It is accordingly allowed.

5. Let necessary amendment in the cause title of the stay application/writ
petition be carried out by the learned counsel for the parties during course
of the day.

6. Petitioners-Ambika Rughta And 4 Others have approached this Court
by means of present Criminal Misc. Writ Petition challenging the
impugned F.I.R. dated 24.08.2026 lodged by first informant/respondent-3,
Rupa Gupta and registered as Case Crime No. 0701 of 2026 under
Sections 85, 111(2), 351 (1), 352 BNS and Section 3/4 D. P. Act, Police
Station-Gulariya, District-Gorakhpur.
                                                                                            CRLP No. 22537 of 2026
                                                                    2


                                    7. On the matter being taken up, the learned A.G.A. representing
                                    State/respondents 1 and 2 submits that during pendency of present writ
                                    petition, Investigating Officer upon completion of statutory investigation
                                    of aforementioned case crime number in terms of Chapter XIII BNSS, has
                                    already forwarded the charge sheet/ police report dated 11.09.2026 as
                                    contemplated under Section 193 (3) BNSS. On the above premise, it thus
                                    contended by the learned A.G.A. that in view of above, now remedy lies
                                    to petitioners to approach this Court by means of an application under
                                    Section 528 BNSS 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 210
                                    BNSS. It is thus urged by the learned A.G.A. that no interference is
                                    warranted by this court in present writ petition.

                                    8. When confronted with above, the learned counsel for petitioners could
                                    not overcome the same. He, however, submits that in view of the
                                    objections raised by the learned A.G.A. in opposition to instant writ
                                    petition, the present writ petition be dismissed as withdrawn with liberty
                                    aforesaid.

                                    9. Learned A.G.A. representing State/respondents 1 and 2 has no
                                    objection to the aforesaid prayer made by the learned counsel for
                                    petitioner

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

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

                                    12. Interim order, if any, granted earlier shall stand vacated.



                                                                   (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.)
                                    September 18, 2026
                                    YK




Digitally signed by :-
YASHWANT KUMAR
High Court of Judicature at Allahabad


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