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2026 DAILYLAW 1105 (ALL)

VISHWAJEET MAURYA @ GUDDU MINOR v. STATE OF U.P. AND 3 OTHERS

CRLP/8893/2026 · 2026-04-22

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 8893 of 2026 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. Versus Counsel for Petitioner(s) : Avadhesh Singh, Sri Ram Yadav Counsel for Respondent(s) : G.A. Vishwajeet Maurya @ Guddu Minor .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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submissions made by the learned A.G.A. in opposition to present writ petition, instant writ petition be dismissed as withdrawn with liberty aforesaid. 6.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. April 23, 2026 Israr CRLP No. 8893 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad