Allahabad High Court
YADUVIR SINGH AND 2 OTHERSversusSTATE OF U.P AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to file an application under Section 528 CrPC.
Summary
Petitioners Yaduvir Singh and two others filed a criminal miscellaneous writ petition challenging an FIR dated 07‑09‑2025 registered under several IPC offences. After investigation, the police filed a charge‑sheet on 15‑12‑2025 under Section 193(3) CrPC, charging two petitioners and exonerating the third. The State argued that the petition was moot for the exonerated petitioner and that the remaining petitioners should seek relief under Section 528 CrPC and Section 210 CrPC, not by a writ. The petitioners agreed to withdraw the writ and pursue the appropriate application under Section 528. The High Court, with the consent of both parties, dismissed the writ as withdrawn and vacated any interim order, granting liberty to file the Section 528 application.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR and charge‑sheet is maintainable when the appropriate remedy lies under Section 528 CrPC.
- Whether the petition should be dismissed as withdrawn in view of the parties' consent to seek relief through a Section 528 application.
Legislation cited
- Code of Criminal Procedure — s. 193(3), 210, 528
- Indian Penal Code — s. 115(2), 316(2), 318(4), 333, 351(2), 352, 74
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 528 CrPC
- dismissal
- withdrawal
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 29640 of 2025
Yaduvir Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dheeraj Kumar Singh
Counsel for Respondent(s) : G.A.
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
1. Heard Mr. Dheeraj Kumar Singh, the learned counsel for petitioners and
the learned A.G.A. for State-respondents 1 & 2.
2. Perused the record.
3. Petitioners-Yaduvir Singh and 2 Others have approached this Court by
means of present criminal misc. writ petition challenging the FIR dated
07.09.2025 lodged by first informant-respondent-3 Smt. Mithlesh and
registered as Case Crime No. 0439 of 2025, under Sections 115(2), 352,
351(2), 74, 333, 318(4), 316(2) BNS, Police Station-Vijay Nagar, District-
Ghaziabad.
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 15.12.2025 in terms of Section 193(3)
BNSS. By means of aforesaid charge sheet/police report, petitioners-1 & 2
i.e. Yaduvir and Smt. Vijay have been charge sheeted, whereas petitioner-3
Hemendra has been exculpated. In view of above, it is thus urged by the
learned A.G.A. that present writ petition insofaras it relates to petitioner-3
and has been rendered infructuous. In respect of petitoners-1 & 2, the
learned A.G.A. contends that in view of the subsequent developments as
noted herein above, now remedy lies to petitioners 1 & 2 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
CRLP No. 29640 of 2025
2
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.
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 petitioners 1 & 2 to
file an application under Section 528 BNSS.
6. Learned A.G.A. for State-respondents 1 & 2 has no objection to the 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, 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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