Allahabad High Court
ABHISHEK KUSHWAHAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioner to approach the Court under Section 528 B.N.S.S. challenging the chargesheet.
Summary
Petitioner Abhishek Kushwaha filed a criminal miscellaneous writ petition challenging an FIR dated 20‑09‑2025 and the subsequent chargesheet filed under various sections of the B.N.S. and the D.P. Act. The State, represented by the Advocate General, submitted that the chargesheet had already been filed under Section 193 B.N.S.S. and that no cause of action remained for the writ petition, directing the petitioner to file an application under Section 528 B.N.S.S. The petitioner’s counsel agreed to withdraw the writ petition and seek relief through a Section 528 application. The respondents did not oppose this withdrawal. Consequently, the Court dismissed the writ petition as withdrawn, granting liberty to the petitioner to approach the Court under Section 528 B.N.S.S., and vacated any interim orders.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR and chargesheet can be entertained when a chargesheet has already been filed under Section 193 B.N.S.S.
- Whether the petitioner should be directed to file an application under Section 528 B.N.S.S. instead of proceeding with the writ petition
Legislation cited
Subjects
- criminal procedure
- FIR
- chargesheet
- writ petition
- Section 528
- withdrawal
- jurisdictional magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 27261 of 2025
Abhishek Kushwaha
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Prakash Rai, Om Prakash
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Jai Prakash Rai, the learned counsel for petitioner and the
learned A.G.A. representing State respondents 1,2 and 3.
2. Perused the record.
3. Petitioner, Abhishek Kushwaha has approached this Court by means of
present Criminal Misc. Writ Petition challenging the FIR dated 20.09.2025
lodged by first informant/ respondent 4 Smt. Hemlata and registered as Case
Crime No. 102 of 2025, under Sections 85, 115(2), 352, 351(3) BNS of
B.N.S. and Section 3/4 D.P. Act, Police Station Churkhi, District Jalaun at
Orai.
4. On the matter being taken up, the learned A.G.A. submits that
chargesheet/police report in terms of Section 193 B.N.S.S. has already been
submitted on 01.11.2025.
5. On the above premise, the learned A.G.A. contends that no cause of action
now survives with the petitioner to maintain the present writ petition.
Remedy lies to petitioner to approach this Court by means of an Application
under Section 528 BNSS challenging the aforementioned charge sheet/police
report, as well as the cognizance taking order/summoning order to be passed
by the Jurisdictional magistrate.
6. When confronted with above, the learned counsel for petitioner fairly
submits that he be permitted to withdraw the present petition with liberty to
petitioner to approach this Court by means of an Application under Section
CRLP No. 27261 of 2025
2
528 B.N.S.S. challenging the chargesheet/police report, as well as the
cognizance taking order/summoning order to be passed by the Jurisdictional
magistrate.
7. Submission urged by the learned counsel for petitioner as noted above is
not opposed by the learned A.G.A.
8. In view of above, this writ petition is, accordingly, dismissed as
withdrawn with liberty aforesaid.
9. Interim order, if any, stands vacated.
February 23, 2026
RPD
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad
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