Allahabad High Court
VISHWAJEET MAURYA @ GUDDU MINORversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition was dismissed as withdrawn, with liberty to approach the appropriate provisions of CrPC for challenging the charge‑sheet.
Summary
Petitioner Vishwajeet Maurya challenged an FIR dated 27.03.2026 under IPC sections 351(3), 352 and 115(2). The State argued that the investigation was complete and a charge‑sheet had been filed on 07.04.2026, so the proper remedy was an application under CrPC Section 528/482, not a writ. The petitioner’s counsel agreed to withdraw the writ, and the State did not oppose. The Court therefore refused the relief sought, dismissed the writ petition as withdrawn and vacated any interim order.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR can be entertained after the charge‑sheet has been filed.
- Whether the appropriate remedy is an application under CrPC Section 528/482 rather than a writ.
Legislation cited
- BNSS
- Code of Criminal Procedure, 1973 — s. 190(1)(b), 482, 528
- Indian Penal Code — s. 115(2), 351(3), 352
Subjects
- criminal procedure
- FIR
- charge sheet
- writ petition
- Section 528 CrPC
- Section 482 CrPC
- jurisdiction
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8893 of 2026
Vishwajeet Maurya @ Guddu Minor
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avadhesh Singh, Sri Ram Yadav
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Vijay Kumar Pandey, Advocate holding brief of Mr. Avadhesh
Singh, the learned counsel for petitioner and the learned A.G.A. representing
State-respondents 1, 2 & 3.
2. Perused the record.
3. Petitioner- Vishwajeet Maurya @ Guddu Minor has approached this
Court by means of present criminal misc. writ petition challenging the
impugned FIR dated 27.03.2026 lodged by first informant-respondent- 4,
Anil Patel and registered as Case Crime No. 70 of 2026, under Sections
351(3), 352, 115(2) BNS, Police Station- Raunapar, District- Azamgarh.
4. On the matter being taken up, the learned A.G.A. representing State-
respondents 1, 2 & 3 submits that during pendency of criminal misc. writ
petition, after completion of statutory investigation of aforementioned case
crime number in terms of Chapter-XIII BNSS, Investigating Officer has
already submitted the charge sheet/police report dated 07.04.2026 in terms
of Section 193(3) BNSS. It is thus urged by the learned A.G.A. that in view
of above, remedy now lies to petitioner 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 cognizance taking
order/summoning order to be passed by the Jurisdictional Magistrate/
Juvenile Justice Board in exercise of jurisdiction under Section 190(1)(b)
Cr.P.C./210 BNSS. It is thus urged by the learned A.G.A. that no
interference is warranted by this Court in present writ petition.
CRLP No. 8893 of 2026
2
5. When confronted with above, the learned counsel for petitioner fairly
submits that in view of the submissions made 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. for State-respondents 1, 2 & 3 does not oppose the
aforesaid prayer made by the learned counsel for petitioner.
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, the learned A.G.A. for
State-respondents 1, 2 & 3, upon perusal of record and considering the rival
submissions urged by the learned counsel for the petitioner 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.)
April 23, 2026
Israr
Digitally signed by :-
ISRAR AHMAD
High Court of Judicature at Allahabad
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