Allahabad High Court
BIRENDRA CHATURVEDI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to approach the Court under CrPC section 528 to challenge the charge‑sheet and cognizance‑taking order.
Summary
Petitioners Birendra Chaturvedi and others filed a criminal miscellaneous writ petition challenging an FIR dated 25‑12‑2025 under IPC sections 115(2), 351(2) and 352. The State argued that the investigation was complete and a charge‑sheet had been filed on 21‑02‑2026 under CrPC section 193(3), and that any further challenge must be made under CrPC section 528 and before the jurisdictional magistrate under section 210. The petitioners, after hearing the State’s submission, consented to withdraw the writ. The Court dismissed the petition as withdrawn, directing the petitioners to file an application under section 528 to contest the charge‑sheet and the cognizance‑taking order, and vacated any interim order.
Issues considered
- Whether a writ petition challenging an FIR can be entertained after a charge‑sheet has been filed
- Whether the appropriate remedy is an application under CrPC section 528 and before the jurisdictional magistrate under section 210
- Whether the writ petition may be dismissed as withdrawn
Legislation cited
- Code of Criminal Procedure, 1973 — s. 193, 210, 528
- Indian Penal Code — s. 115, 351, 352
Subjects
- FIR
- charge sheet
- writ petition
- withdrawal
- Section 528
- cognizance
- Criminal Miscellaneous Writ
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 2564 of 2026
Birendra Chaturvedi And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Indra Mohan Singh
Counsel for Respondent(s) : G.A., Kartikey Singh
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Indra Mohan Singh, the learned counsel for petitioners, the
learned A.G.A. for State-respondents 1, 2 & 3 and Mr. Kartikey Singh, the
learned counsel representing first informant-respondent-4.
2. Perused the record.
3. Petitioners-Birendra Chaturvedi and 3 Others have approached this Court
by means of present criminal misc. writ petition challenging the FIR dated
25.12.2025 lodged by first informant-respondent-4, Rameshwar Chaturvedi
and registered as Case Crime No. 804 of 2025, under Sections 115(2),
351(2), 352, BNS, Police Station-Kotwali, District-Mathura.
4. On the matter being taken up, the learned A.G.A. for State-respondents
1, 2 and 3 submits that after completion of statutory investigation of
aforementioned case crime number, Investigating Officer has forwarded
the charge sheet/police report dated 21.02.2026 in terms of Section 193(3)
BNSS. It is thus urged by the learned A.G.A. that in view of above,
remedy now lies to the petitioner 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.
5. When confronted with above, the learned counsel for petitioners fairly
submits that present writ petition be dismissed as withdrawn in view of
CRLP No. 2564 of 2026
2
the submissions made by the learned A.G.A.
6. Consequently, the prayer prayed for by means of present writ petition is
refused.
7. Accordingly, the present writ petition is dismissed as withdrawn with
liberty 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.
8. Interim order, if any, stands vacated.
February 25, 2026
Vinay
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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