Allahabad High Court
SUMAN DEVIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The High Court held that the writ petition was to be dismissed as withdrawn, as the proper remedy lies in filing an application under Section 528 before the competent magistrate.
Summary
Petitioner Suman Devi filed a criminal miscellaneous writ petition seeking a mandamus directing the State to conduct a fair and impartial investigation into a case registered under several sections of the B.N.S. The State, represented by the Advocate General, argued that the investigation was complete and the charge sheet had been filed under Section 193(3) of the B.N.S., and that any challenge should be made under Section 528 of the B.N.S. before the appropriate magistrate. The petitioner’s counsel, acknowledging the State’s position, requested that the writ be dismissed as withdrawn. The respondents had no objection to this withdrawal. The Court, after hearing both sides, dismissed the writ petition as withdrawn with liberty, and discharged any interim orders. No substantive merits of the investigation were examined.
Issues considered
- What is the appropriate remedy for a petitioner dissatisfied with a charge sheet and investigation under the B.N.S. – a writ petition or an application under Section 528?
- Whether the High Court can interfere with the investigation and charge sheet filing in the present writ petition.
Legislation cited
- B.N.S. — s. 115(2), 193(3), 210, 304(2), 333, 351, 352, 528, 76
Subjects
- criminal procedure
- mandamus
- investigation
- charge sheet
- Section 528
- Section 210
- withdrawal
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9737 of 2026
Suman Devi
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyam Mishra, Vikas Kumar Yadav
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE RAJEEV MISRA, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard Mr. Vikas Kumar Yadav, the learned counsel for petitioner and the
learned A.G.A. for State respondents 1, 2 & 3.
2. Perused the record
3. Petitioner-Suman Devi has approached this Court by means of present
criminal misc. writ petition challenging the FIR dated 12.03.2026 lodged by
first informant for a writ of mandamus commanding the respondents to
conclude fair and impartial investigation of Case Crime No. 60 of 2026,
under Sections 333, 76, 115(2), 304(2), 352, 351 of B.N.S., Police Station-
Vindhyachal, District- Mirzapur, expeditiously.
4. On the matter being taken up, the learned A.G.A. for State-respondents 1,
2 and 3 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 in terms of Section 193(3) BNSS.
On the above premise the learned AGA submits that remedy lies to
petitioner to approach this Court by means of an application under Section
528 BNSS challenging the charge sheet as well as the cognizance taking
order/summoning order to be passed by the jurisdictional magistrate in
exercise of jurisdiction under Section 210 BNSS. It is thus urged by learned
AGA that no interference is warranted by this Court in the present writ
petition.
5. When confronted with above, the learned counsel for petitioner submits
that in view of the objections raised by the learned AGA in opposition to
present writ petition, instant writ petition be dismissed as withdrawn with
CRLP No. 9737 of 2026
2
liberty aforesaid.
6. Learned A.G.A. for State-respondents 1, 2 and 3 has no objection to 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 AGA for State-
respondents, upon perusal of record and considering the rival submissions urged by
the learned counsel for parties as noted hereinabove, the present writ petition shall
stand dismissed as withdrawn with liberty aforesaid.
9. Interim order, if any, shall stand discharged.
May 7, 2026
A.N. Mishra
(Padam Narain Mishra,J.) (Rajeev Misra,J.)
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
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