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2026 DAILYLAW 1253 (ALL)

BIRENDRA CHATURVEDI AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/2564/2026 · 2026-02-24

Lakshmi Kant Shukla, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 2564 of 2026 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Indra Mohan Singh, the learned counsel for petitioners, the learned A.G.A. for State-respondents 1, 2 & 3 and Mr. Kartikey Singh, the learned counsel representing first informant-respondent-4. 2. Perused the record. 3. Petitioners-Birendra Chaturvedi and 3 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 25.12.2025 lodged by first informant-respondent-4, Rameshwar Chaturvedi and registered as Case Crime No. 804 of 2025, under Sections 115(2), 351(2), 352, BNS, Police Station-Kotwali, District-Mathura. 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 aforementioned case crime number, Investigating Officer has forwarded the charge sheet/police report dated 21.02.2026 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 the petitioner to approach this Court by means of an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance taking order/summoning order to be passed by the Jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS. 5. When confronted with above, the learned counsel for petitioners fairly submits that present writ petition be dismissed as withdrawn in view of Versus Counsel for Petitioner(s) : Indra Mohan Singh Counsel for Respondent(s) : G.A., Kartikey Singh Birendra Chaturvedi And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) the submissions made by the learned A.G.A. 6. Consequently, the prayer prayed for by means of present writ petition is refused. 7. Accordingly, the present writ petition is dismissed as withdrawn with liberty to petitioners to approach this Court by means of an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance taking order/summoning order to be passed by the Jurisdictional Magistrate. 8. Interim order, if any, stands vacated. February 25, 2026 Vinay CRLP No. 2564 of 2026 2 (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad