ABHISHEK @ ABHISHEK KUMAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

        CRIMINAL MISC. WRIT PETITION No. - 5542 of 2026

Abhishek @ Abhishek Kumar And Another
                                                           .....Petitioner(s)
                                  Versus
State Of U.P. And 2 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)              :   Dileep Kumar Srivastava
Counsel for Respondent(s)              :   G.A.

Court No. - 49
                 HON'BLE RAJEEV MISRA, J.
                 HON'BLE SUDHANSHU CHAUHAN, J.

1. Heard Mr. Dileep Kumar Srivastava, the learned counsel for petitioners
and the learned A.G.A. for State respondents 1 and 2.

2. Perused the record

3. Petitioners-Abhishek @ Abhishek Kumar And Another have approached
this Court by means of present criminal misc. writ petition challenging the
FIR dated 28.01.2026 lodged by first informant-respondent-3, Rohit Kumar
and registered as Case Crime No. 0058 of 2026, under Sections 191(2),
115(2), 352, 351(3) of B.N.S., and 3(1) (da), (3(1) (dha), 3(2) (va) of
Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act,
1989, Police Station-Kasiya, District- Kushinagar.

4. On the matter being taken up, the learned A.G.A. for State-respondents 1
and 2 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 dated 20.02.2026 in terms of
Section 193(3) BNSS. By means of aforesaid police report/charge sheet
petitioner-1 Abhishek @ Abhishek Kumar has been exculpated, whereas,
petitioner-2 Akhilesh has been charge sheeted. As such, no cause of action
now survives with the petitioners to maintain the present writ petition. In
view of above remedy now lies to the 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.
                                                                                             CRLP No. 5542 of 2026
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                                    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 present writ petition be dismissed as withdrawn with liberty to
                                    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 and 2 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 stand vacated.

                                    April 20, 2026
                                    Imtiyaz
                                                                   (Sudhanshu Chauhan,J.) (Rajeev Misra,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad