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2025 DAILYLAW 1634 (ALL)

RAJAF @ RAJJAB v. STATE OF U.P. AND 4 OTHERS

CRLP/25717/2025 · 2026-03-18

Divesh Chandra Samant, Rajeev Misra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 25717 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard Mr. Arvind Kumar Singh, the learned counsel for petitioner and the learned A.G.A. for State/respondents 1, 2, 3 and 4. 2. Perused the record. 3. Petitioner-Rajaf @ Rajjab has approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 01.11.2025 lodged by first informant-respondent-5, Shalini Gautam and registered as Case Crime No. 393 of 2025, under Sections 115 (2), 352, 351 (2), 64 (1) BNS and Sections 3 (1) Da, 3 (1) Dha, 3 (2) (v) of SC/ST Act, Police Station-Ghurpur, District-Prayagraj. 4. On the matter being taken up, the learned counsel for petitioner fairly submits that during the pendency of present writ petition, petitioner was arrested on 12.02.2026. It is then contended by the learned counsel for petitioner that after completion of statutory investigation of aforementioned case crime number in terms of Chapter 13 BNSS, the Investigating Officer has submitted the charge sheet/ police report dated 14.02.2026 in terms of Section 193 (3) BNSS. 5. In view of above, the learned counsel for petitioner submits that present writ petition be dismissed as withdrawn with liberty to petitioner to approach this Court by moving an appeal under the SC/ST Act or an application under Section 528 BNSS. 6. Per contra, the learned A.G.A. representing State/respondents 1, 2, 3 Versus Counsel for Petitioner(s) : Arvind Kumar Singh, Mohammad Shahid, Narendra Singh, Santosh Singh Counsel for Respondent(s) : G.A. Rajaf @ Rajjab .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) and 4 does not oppose the submissions urged by the learned counsel for petitioner. 7. Having heard the learned counsel for petitioner, the learned A.G.A. for States/respondents 1 to 4, upon perusal of record and considering the submissions urged by the learned counsel for petitioner as noted herein above, the present writ petition shall stand dismissed as withdrawn with liberty to petitioner to approach this Court by filing an Appeal under the SC/ST Act or an application under Section 528 BNSS challenging the charge sheet/police report dated 14.02.2026 submitted by the Investigating Officer in terms of Section 193 (3) BNSS as well as cognizance taking order/summoning order to be passed by the Jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS. 8. 8. Interim order, if any, shall stand vacated. March 19, 2026 YK CRLP No. 25717 of 2025 2 (Divesh Chandra Samant,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad