Allahabad High Court
MOINUDDIN @ JAMMU AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty granted to petitioner 1 to file an application under Section 528 BNSS.
Summary
Petitioners Moinuddin @ Jammu and two others filed a criminal miscellaneous writ petition challenging an FIR dated 19-10-2025 and the subsequent charge sheet filed on 10-04-2026 under various sections of the BNSS. The State argued that the charge sheet had already been filed, exonerating petitioners 2 and 3, and that any further remedy for petitioner 1 lay in filing an application under Section 528 BNSS and seeking cognizance under Section 210 BNSS. Both the State and the informant’s counsel agreed that the petition could be dismissed as withdrawn, with liberty to petitioner 1 to pursue the appropriate Section 528 application. The Court, after hearing all parties, dismissed the writ petition as withdrawn and vacated any interim orders. The decision leaves petitioner 1 free to approach the Court under Section 528 BNSS for relief.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR and charge sheet is maintainable after a charge sheet has been filed.
- Whether the petition can be dismissed as withdrawn in view of the availability of remedy under Section 528 BNSS.
- Whether the appropriate remedy for petitioner 1 is an application under Section 528 BNSS and a cognizance order under Section 210 BNSS.
Legislation cited
- BNSS — s. 193(3), 210, 528, Chapter-XIII
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- Section 528 BNSS
- Section 210 BNSS
- dismissal
- withdrawal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 27314 of 2025
Moinuddin @ Jammu And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamta Prasad, Mahesh Prasad Yadav
Counsel for Respondent(s) : Durga Prasad, G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
1. Heard Mr. Kamta Prasad, the learned counsel for petitioners, the learned
A.G.A. for State-respondents 1 & 2 and Mr. Durga Prasad, the learned
counsel representing first informant-respondent-3.
2. Perused the record.
3. Petitioners-Moinuddin @ Jammu and 2 Others have approached this
Court by means of present criminal misc. writ petition challenging the FIR
dated 19.10.2025 lodged by first informant-respondent-3 Arshad and
registered as Case Crime No. 0369 of 2025, under Sections 308(5), 324(2),
352, 351(3), 326(e), 3219(3) BNS, Police Station-Maudaha, District-
Hamirpur.
4. At the very outset, the learned A.G.A. for State-respondents 1 & 2 submits
that after completion of statutory investigation of aforementioned case crime
number in terms of Chapter-XIII BNSS, Investigating Officer has forwarded
the charge sheet/police report dated 10.04.2026 in terms of Section 193(3)
BNSS. By means of aforesaid charge sheet/police report, petitioner-1
Moinuddin @ Jammu has been charge sheeted, whereas petitioner-2 Rehana
Bano & petitioner-3 Alkisha have been exculpated. In view of above, it is
thus urged by the learned A.G.A. that present writ petition insofaras it relates
to petitioners 2 & 3 and has now been rendered infructuous. However, in
respect of petitoner-1, the learned A.G.A. contends that in view of the
subsequent developments as noted herein above, now remedy lies to
petitoner-1 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 in view of above, present writ
petition is liable to be dismissed.
CRLP No. 27314 of 2025
2
5. When confronted with above, the learned counsel for petitioners fairly
submits that in view of the submissions made by the learned A.G.A., present
writ petition be dismissed as withdrawn with liberty to petitioner-1 to
approach this Court by filing an application under Section 528 BNSS.
6. Learned A.G.A. for State-respondents 1 & 2 and Mr. Durga Prasad, the
learned counsel representing first informant-respondent-3 have no objection
to the aforesaid prayer made by the learned counsel for petitioners.
7. Having heard the learned counsel for petitioners, the learned A.G.A. for
State-respondents 1 & 2, Mr. Durga Prasad, the learned counsel representing
first informant-respondent-3, upon perusal of record and considering the
objections raised by the learned A.G.A. in opposition to present writ petition
as noted herein above, the present writ petition shall stand dismissed as
withdrawn with liberty aforesaid.
8. Interim order, if any, stands vacated.
March 19, 2026
Vinay
(Divesh Chandra Samant,J.) (Rajeev Misra,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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