Allahabad High Court
RAKESH KUMAR MISHRA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that no cause of action remains to maintain the writ petition after the charge‑sheet is filed and dismissed the petition as withdrawn, directing the petitioners to seek relief under Section 528 BNSS.
Summary
Petitioners Rakesh Kumar Mishra and another filed a criminal miscellaneous writ petition challenging an FIR dated 27.01.2026 registered under Sections 351(2), 352 and 333 of the BNSS. The State, represented by the Attorney General, submitted that the investigation was completed and a charge‑sheet was filed on 31.01.2026 under Section 193(3) BNSS, leaving no cause of action for the writ. The petitioners could not rebut this submission. The Court held that the appropriate remedy is an application under Section 528 BNSS and dismissed the writ petition as withdrawn, vacating any interim order. The petitioners were directed to approach the Court under Section 528 BNSS for relief.
Issues considered
- Whether an FIR can be challenged by a criminal miscellaneous writ petition after a charge‑sheet has been filed.
- Whether any cause of action subsists for the petitioners to maintain the writ petition.
- What is the appropriate remedy for the petitioners to contest the charge‑sheet or cognizance?
Legislation cited
- BNSS — s. 193(3), 210, 333, 351(2), 352, 528
Subjects
- criminal procedure
- writ petition
- FIR
- charge sheet
- Section 528
- dismissal
- cause of action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5534 of 2026
Rakesh Kumar Mishra And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Uttam Singh
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mr. Uttam Singh, the learned counsel for petitioners and the
learned A.G.A. for State respondents 1, 2 & 3.
2. Perused the record
3. Petitioners-Rakesh Kumar Mishra And Another have approached this
Court by means of present criminal misc. writ petition challenging the FIR
dated 27.01.2026 lodged by first informant-respondent-4, Arun Kumar and
registered as Case Crime No. 28 of 2026, under Sections 351(2), 352, 333 of
B.N.S., Police Station-Barra, District- Kanpur Nagar.
4. On the matter being taken up, the learned A.G.A. for State-respondents 1,
2 and 3 submits that after completion of statutory investigation of concerned
case crime number in terms of Chapter XIII BNSS, Investigating Officer has
forwarded the charge sheet/police report dated31.01.2026 in terms of
Section 193(3) BNSS. As such, no cause of action now survives with
petitioners to maintain the present writ petition. In view of above remedy
now lies to petitioners 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.
5. When confronted with above, the learned counsel for petitioners could not
overcome the same. He however fairly submits that in view of the
submissions made by the learned A.G.A. in opposition to present writ
petition, the instant writ petition be dismissed as withdrawn with liberty to
CRLP No. 5534 of 2026
2
petitioners to approach this Court by means of an application under Section
528 BNSS.
6. In view of above, the prayer prayed for by means of present writ petition
is refused.
7. Having heard, the learned counsel for petitioners, the learned A.G.A. for
State respondents 1, 2 & 3, upon perusal of record and considering the
objection raised by the learned A.G.A. in opposition to present writ petition,
we direct that present writ petition shall stand dismissed as withdrawn with
liberty to petitioners to approach this Court by means of an application under
Section 528 BNSS.
8. Interim order, if any, shall stands vacated.
April 20, 2026
Imtiyaz
(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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