Allahabad High Court
AVKASH MAURYA AND 8 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to seek relief under Section 528 BNSS.
Summary
Petitioners Avkash Maurya and eight others filed a criminal miscellaneous writ petition challenging an FIR dated 29 July 2026 that alleged offences under several sections of the Indian Penal Code, the SC/ST (Prevention of Atrocities) Act and the Bihar National Security Act (BNSS). The State, represented by the Attorney General, informed the Court that the investigating officer had already filed a charge‑sheet on 3 September 2026 under Section 193(3) of the BNSS and that the appropriate remedy for the petitioners was to file an application under Section 528 BNSS before the competent magistrate. The petitioners could not rebut this submission and sought dismissal of the writ as withdrawn. The Court accepted the State’s view, held that no interference was warranted, and dismissed the writ petition as withdrawn with liberty to approach the appropriate forum. Consequently, any interim relief previously granted was vacated.
Issues considered
- Whether the High Court can entertain a writ petition challenging the FIR and charge‑sheet when the statutory remedy under Section 528 BNSS is available.
- Whether the petitioners should approach the magistrate under Section 528 BNSS rather than the High Court.
- Whether the writ petition should be dismissed as withdrawn.
Legislation cited
- Bihar National Security Act — s. 193(3), 210, 528
- Indian Penal Code — s. 115(2), 131, 191(2), 324, 333, 351(3), 352, 74
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- criminal procedure
- writ petition
- FIR challenge
- charge sheet
- Section 528 BNSS
- withdrawal
- high court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22540 of 2026
Avkash Maurya And 8 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Prajapati, Suresh Kumar
Maurya
Counsel for Respondent(s) : G.A.
Court No. - 46
HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. Heard Mr. Aditya Kumar Roy Advocate holding brief of
Mr. Suresh Kumar Maurya, the learned counsel for petitioners and the
learned A.G.A. representing State/respondents 1 and 2.
2. Perused the record.
3. Petitioners-Avkash Maurya And 8 Others have approached this Court
by means of present Criminal Misc. Writ Petition challenging the
impugned F.I.R. dated 29.07.2026 lodged by first informant/respondent-3,
Ranjeet Saroj and registered as Case Crime No. 0338 of 2026 under
Sections 115(2), 352, 351 (3), 191 (2), 131, 333, 74, 324 BNS and Section
3 (2) (va) of SC/ST Aat, Police Station-Jalapur, District-Jaunpur.
6. 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 03.09.2026 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
CRLP No. 22540 of 2026
2
BNSS. It is thus urged by the learned A.G.A. that no interference is
warranted by this court in present writ petition.
7. 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.
8. Learned A.G.A. representing State/respondents 1 and 2 has no
objection to the aforesaid prayer made by the learned counsel for
petitioner.
9. In view of above, the prayer prayed for by means of present writ
petition is hereby refused.
10. 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.
10. 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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