Allahabad High Court
RAJAF @ RAJJABversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioner to file an appeal under the SC/ST Act or an application under Section 528 BNSS.
Summary
Petitioner Rajaf @ Rajjab filed a criminal miscellaneous writ petition challenging an FIR dated 01.11.2025 that alleged offences under several IPC sections and the SC/ST (Prevention of Atrocities) Act. While the writ was pending, the petitioner was arrested on 12.02.2026 and the investigating officer filed a charge‑sheet on 14.02.2026 under Section 193(3) of the BNSS. The petitioner sought to withdraw the writ and asked the court to allow him to file an appeal under the SC/ST Act or an application under Section 528 BNSS against the charge‑sheet. The State, represented by the Advocate General, did not oppose this request. The Court dismissed the writ petition as withdrawn, granting the petitioner liberty to approach the court by filing the said appeal or application, and vacated any interim order.
Issues considered
- Whether the criminal miscellaneous writ petition can be dismissed as withdrawn at the petitioner's request.
- Whether the petitioner may be permitted to file an appeal under the SC/ST Act or an application under Section 528 BNSS challenging the charge‑sheet.
Legislation cited
- BNSS — s. 193(3), 210, 528
- Indian Penal Code — s. 115(2), 351(2), 352, 64(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1) Da, 3(1) Dha, 3(2)(v)
Subjects
- criminal procedure
- writ petition
- SC/ST Act
- charge sheet
- withdrawal
- appeal
- jurisdiction
- Section 528
- Section 210
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 25717 of 2025
Rajaf @ Rajjab
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Singh, Mohammad
Shahid, Narendra Singh, Santosh Singh
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
1. Heard Mr. Arvind Kumar Singh, the learned counsel for petitioner and
the learned A.G.A. for State/respondents 1, 2, 3 and 4.
2. Perused the record.
3. Petitioner-Rajaf @ Rajjab has approached this Court by means of
present Criminal Misc. Writ Petition challenging the FIR dated
01.11.2025 lodged by first informant-respondent-5, Shalini Gautam and
registered as Case Crime No. 393 of 2025, under Sections 115 (2), 352,
351 (2), 64 (1) BNS and Sections 3 (1) Da, 3 (1) Dha, 3 (2) (v) of SC/ST
Act, Police Station-Ghurpur, District-Prayagraj.
4. On the matter being taken up, the learned counsel for petitioner fairly
submits that during the pendency of present writ petition, petitioner was
arrested on 12.02.2026. It is then contended by the learned counsel for
petitioner that after completion of statutory investigation of
aforementioned case crime number in terms of Chapter 13 BNSS, the
Investigating Officer has submitted the charge sheet/ police report dated
14.02.2026 in terms of Section 193 (3) BNSS.
5. In view of above, the learned counsel for petitioner submits that present
writ petition be dismissed as withdrawn with liberty to petitioner to
approach this Court by moving an appeal under the SC/ST Act or an
application under Section 528 BNSS.
6. Per contra, the learned A.G.A. representing State/respondents 1, 2, 3
CRLP No. 25717 of 2025
2
and 4 does not oppose the submissions urged by the learned counsel for
petitioner.
7. Having heard the learned counsel for petitioner, the learned A.G.A. for
States/respondents 1 to 4, upon perusal of record and considering the
submissions urged by the learned counsel for petitioner as noted herein
above, the present writ petition shall stand dismissed as withdrawn with
liberty to petitioner to approach this Court by filing an Appeal under the
SC/ST Act or an application under Section 528 BNSS challenging the
charge sheet/police report dated 14.02.2026 submitted by the
Investigating Officer in terms of Section 193 (3) BNSS as well as
cognizance taking order/summoning order to be passed by the
Jurisdictional Magistrate in exercise of jurisdiction under Section 210
BNSS.
8. Interim order, if any, shall stand vacated.
(Divesh Chandra Samant,J.) (Rajeev Misra,J.)
March 19, 2026
YK
Digitally signed by :-
YASHWANT KUMAR
High Court of Judicature at Allahabad
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