Allahabad High Court
AMIR AND ANOTHERversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to approach the appropriate forum under Section 528 BNSS or Section 482 Cr.P.C.
Summary
Petitioners Amir and another filed a criminal miscellaneous writ petition challenging an FIR dated 30.01.2026 that alleged offences under various IPC sections, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and several provisions of the BNSS. The State, through the learned A.G.A., informed the Court that the investigating officer had already filed a charge‑sheet on 20.03.2026 under Section 193(3) BNSS, and that any further relief must be sought via a Section 528 BNSS or Section 482 Cr.P.C. application before the magistrate. Petitioners argued that, in view of the State’s submission, the writ petition should be dismissed as withdrawn. The Court, agreeing with the State’s position and noting the petitioners’ own request to withdraw, dismissed the writ petition as withdrawn with liberty to approach the appropriate forum. Consequently, any interim orders were vacated.
Issues considered
- Whether a criminal miscellaneous writ petition can be entertained after the filing of a charge‑sheet under Section 193(3) BNSS.
- Whether the appropriate remedy is a petition under Section 528 BNSS/Section 482 Cr.P.C. rather than a writ petition.
Legislation cited
- BNSS — s. 193(3), 210, 528
- Code of Criminal Procedure, 1973 — s. 190(1)(b), 482
- Indian Penal Code — s. 115(2), 123, 127(2), 318(4), 351(3), 64(2)(m), 74, 89
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 — s. 3/5(1)
Subjects
- criminal writ petition
- FIR
- charge sheet
- Section 528 BNSS
- Section 482 Cr.P.C.
- procedural law
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5908 of 2026
Amir And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Arshad
Counsel for Respondent(s) : Anjani Kumar Shukla, G.A., Shiv
Sharan Tripathi
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Mohd. Arshad, the learned counsel for petitioners, the learned
A.G.A. representing State-respondents 1 to 3 and Mr. Anjani Kumar Shukla,
the learned counsel representing first-informant respondent- 4.
2. Perused the record.
3. Petitioners- Amir And Another have approached this Court by means of
present criminal misc. writ petition challenging the impugned FIR dated
30.01.2026 lodged by first informant-respondent-4, Rashmi Kumari alias
Aaliya and registered as Case Crime No. 0037 of 2026, under Sections 123,
64(2)(m), 89, 351(3), 115(2), 127(2), 74, 318(4) BNS and Section 3/5(1) of
the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021,
Police Station- Rorawar, District- Aligarh.
4. On the matter being taken up, the learned A.G.A. representing State-
respondents 1 to 3 submits that during pendency of present criminal misc.
writ petition Investigating Officer upon completion of statutory investigation
of aforementioned case crime number in terms of Chapter-XIII BNSS has
already submitted the charge sheet/police report dated 20.03.2026 as
contemplated under Section 193(3) BNSS. He therefore, submits in view of
above, no cause of action now survives with petitioners to maintain the
present writ petition. Remedy now lies to petitioners to approach this Court
by means of an application under Section 528 BNSS /482 Cr.P.C.
challenging aforementioned charge sheet/police report as well as the
CRLP No. 5908 of 2026
2
cognizance taking order/summoning order to be passed by the Jurisdictional
Magistrate in exercise of jurisdiction under Section 190(1)(b) Cr.P.C./210
BNSS. Learned A.G.A. thus submits that no interference is warranted by this
Court in present writ petition.
5. When confronted with above, the learned counsel for petitioners fairly
submits that in lieu of the objections raised by the learned A.G.A. in
opposition to present writ petition, instant writ petition be dismissed as
withdrawn with liberty aforesaid.
6. Learned A.G.A. representing State respondents has no objection to the
aforesaid prayer made by the learned counsel for petitioners.
7. In view of above, the prayer prayed for by means of present writ petition
is, hereby, refused.
8. Having heard, the learned counsel for petitioner and the learned A.G.A.
representing State-respondents 1 to 3 upon perusal of record and considering
the submissions urged by the learned counsel for the parties as noted herein
above, this writ petition shall stand dismissed as withdrawn with liberty
aforesaid.
9. Interim order, if any, stands vacated.
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
May 6, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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