Allahabad High Court
RAJKUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioner to file an application under Section 528 BNSS.
Summary
Petitioner Rajkumar filed a criminal miscellaneous writ petition challenging an FIR dated 08-10-2025 registered under Sections 115, 351(3) and 352 of the BNSS. The State, through the Advocate General, informed the Court that the investigation was complete and a charge sheet had been filed under Section 193(3) BNSS, contending that the proper remedy for the petitioner was an application under Section 528 BNSS to challenge the charge sheet and the magistrate's cognizance order. The petitioner’s counsel agreed to withdraw the writ petition and seek relief under Section 528. The Court, noting the State’s submission and the petitioner’s consent, dismissed the writ petition as withdrawn and vacated any interim orders. No substantive merits of the FIR were examined.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after a charge sheet has been filed.
- Whether the appropriate remedy is an application under Section 528 BNSS challenging the charge sheet and cognizance order.
- Whether the writ court has jurisdiction to entertain the petition in the circumstances.
Legislation cited
- BNSS — s. 115, 193(3), 210, 351(3), 352, 528
Subjects
- criminal procedure
- FIR
- charge sheet
- Section 528
- writ petition
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5546 of 2026
Rajkumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Chaudhary
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mr. Ashok Kumar Chaudhary, the learned counsel for petitioner
and the learned A.G.A. for State-respondents 1, 2 and 3.
2. Perused the record
3. Petitioner-Rajkumar has approached this Court by means of present
criminal misc. writ petition challenging the impugned FIR dated 08.10.2025
lodged by first informant-respondent-4, Smt. Madhuri and registered as Case
Crime No. 239 of 2025, under Sections 115, 351(3), 352 BNS, Police
Station-Sonaha, District-Basti.
4. On the matter being taken up, the learned A.G.A. for State-respondents 1,
2 and 3 submits that during pendency of present writ petition upon
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 16.10.2025 in terms of Section 193(3)
BNSS. It is thus urged by the learned A.G.A. that in view of above now
remedy lies to petitioner 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. The learned A.G.A. thus submits that 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 objection raised by the learned A.G.A., present
CRLP No. 5546 of 2026
2
writ petition be dismissed as withdrawn with liberty to petitioners to file an
application under Section 528 BNSS challenging aforementioned charge
sheet/police report as well as the cognizance taking order/summoning order
passed by the Jurisdictional Magistrate. As such, the learned A.G.A. submits
that present writ petition is liable to be dismissed.
6. In view of above, this writ petition is, accordingly, dismissed as
withdrawn with liberty aforesaid.
7. Interim order, if any, stands vacated.
April 20, 2026
Gaurav
(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)
Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad
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