Allahabad High Court
PRABHU NARAYAN SINGHversusState of U.P. & 3 Others
- Decided
Holding
The writ petition is dismissed as it is not the appropriate forum to assail the charge‑sheet or the order of cognizance.
Summary
The petitioner, Prabhu Narayan Singh, filed Criminal Miscellaneous Writ Petition No. 338 of 2024 in the Allahabad High Court seeking to challenge a charge‑sheet and the order of cognizance dated 19‑11‑2025 filed by the competent court. The petitioner, through counsel Surendra Yadav, expressed a desire to withdraw the writ petition and instead contest the charge‑sheet and cognizance order under the appropriate provisions of the BNSS. The learned Additional Government Advocate submitted an affidavit confirming that the charge‑sheet had indeed been filed and cognizance taken. The Court held that the writ petition could not be used to assail the charge‑sheet or the cognizance order and therefore dismissed the petition. The Court further directed that the petitioner may pursue other legal remedies available under the BNSS to challenge the charge‑sheet and cognizance order.
Issues considered
- The writ petition under Article 226 can be used to challenge the filing of a charge‑sheet and the order of cognizance.
- Whether the petitioner may withdraw the writ petition and seek alternative remedies under the BNSS.
Subjects
- writ petition
- charge‑sheet
- cognizance
- criminal procedure
- BNSS
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 338 of 2024
Prabhu Narayan Singh
.....Petitioner(s)
Versus
State Of U.P. & 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra Yadav
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
Learned AGA on the basis of instructions submits that a
chargesheet has been filed in the instant case and cognizance of
the offence has been taken by the competent court on
19.11.2025. An affidavit to this effect is being filed on behalf of
the State.
Faced with this Shri Surendra Yadav, learned counsel for the
petitioner submits that the petitioner does not wish to press the
writ petition and seeks leave to assail the charge-sheet as well as
the order of cognizance by invoking appropriate remedy under
the relevant provisions of the BNSS.
The writ petition is accordingly dismissed.
It is always open to the petitioner to avail other legal remedies
under the BNSS against the chargesheet as well as order of
cognizance as may be advised.
(Jai Krishna Upadhyay,J.) (Ajay Bhanot,J.)
September 14, 2026
Dhananjai
Digitally signed by :-
DHANANJAI
High Court of Judicature at Allahabad
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