Allahabad High Court
JAINAB NISHAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioner to challenge the charge‑sheet under section 528 of the Cr.P.C.
Summary
Petitioner Jainab Nisha filed a criminal miscellaneous writ petition challenging the FIR dated 6‑3‑2026 and the subsequent charge‑sheet filed under sections 221, 351(2) of the IPC, section 67 of the Income‑Tax Act and sections 7/8 of the POCSO Act. The State argued that the investigation was complete, a charge‑sheet had been filed under section 193(3) of the Cr.P.C., and no court interference was warranted. The petitioner’s counsel sought to have the writ dismissed as withdrawn and requested liberty to challenge the charge‑sheet and the magistrate’s cognizance order by filing an application under section 528 of the Cr.P.C. The State’s A.G. did not oppose this prayer. The Court refused the petitioner's request for any relief, dismissed the writ as withdrawn and granted the petitioner liberty to challenge the charge‑sheet under section 528, vacating any interim order.
Issues considered
- Whether the writ petition challenging the FIR and charge‑sheet is maintainable.
- Whether the High Court can interfere with the investigation and charge‑sheet filing.
- Whether the petitioner may withdraw the writ and instead seek relief under section 528 of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 193(3), 210, 528
- Income Tax Act — s. 67
- Indian Penal Code — s. 221, 351(2)
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- section 528
- withdrawal
- POCSO
- investigation
- cognizance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5999 of 2026
Jainab Nisha
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
Heard Mr. Manoj Kumar Singh, the learned counsel for petitioner and the
learned A.G.A. for State/respondents-1,2,3.
Perused the record.
Petitioner- Jainab Nisha has approached this Court by means of present
Criminal Misc. Writ Petition challenging the F.I.R. dated 6.3.2026, lodged
by first informant/respondent-4 Neeraj Dhama and was registered as Case
Crime No. 0224 of 2026, under sections 221, 351(2) BNS, 67 I.T. Act,
Police Station- Majhola Police Station- Moradabad
On the matter being taken up, the learned A.G.A. for State/respondents- 1,2,
3 submits that after completion of statutory investigation of concerned case
crime number in terms of Chapter XIII Cr.P.C., Investigating Officer has
forwarded the requisite charge-sheet/police report dated 1.5.2026 as
contemplated under section 193(3) BNSS. It is then contended by the
learned A.G.A. that Section 7/8 POCSO Act has also been added. On the
above premise, the learned A.G.A. submits that no interference is warranted
by this Court in present writ petition.
When confronted with above, the learned counsel for petitioner submits that
in view of the objection raised by learned A.G.A. to in opposition to present
writ petition, the instant writ petition be dismissed as withdrawn with liberty
to petitioners to challenge the charge-sheet/police report as well as
Cognizance Taking Order/Summoning Order to be passed by Jurisdictional
Magistrate in exercise of Jurisdiction under section 210 BNSS by filing an
application under section 528 BNSS.
CRLP No. 5999 of 2026
2
Learned A.G.A. representing State/respondents- 1, 2 and 3 does not oppose
the aforesaid prayer made by the learned counsel for petitioner.
In view of of above, the prayer prayed for by means of present writ petition
is refused.
Having heard the learned counsel for petitioner, the learned A.G.A. for
State/respondents-1,2,3 upon persual of record. this writ petition shall stand
dismissed as withdrawn with liberty to petitioner to challenge the impugned
charge-sheet/police report by means of an application under section 528
BNSS.
Interim order, if any, stands vacated.
May 6, 2026
Arshad
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
ARSHAD MAHMOOD
High Court of Judicature at Allahabad
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