ARBIND KUMAR AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/9643/2025 · 2026-10-06
Jai Krishna Upadhyay, Rajeev Misra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12716 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9643 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case called out in the revised list.
2. Heard Mr. Nitesh Vishwakarma, Advocate, holding brief of Mr. Kumar Parikshit, learned counsel for petitioners and learned AGA representing state respondent 1, 2.
3. Perused the record.
4. Petitioners, Arbind Kumar and 2 others have approached this Court by means of present Criminal Misc. Writ Petition challenging the impugned FIR dated 27.4.2025, lodged by first informant respondent 3 Ramchandra and registered as Case Crime No. 0163 of 2025, under Sections 323, 504, 506, 307, 308 IPC, Police Station Phoolpur, District Prayagraj.
5. On the matter being taken up, learned counsel for petitioners fairly submits that during pendency of present writ petition, Investigating Officer upon completion of statutory investigation of above-mentioned Case Crime Number in terms of Chapter XII CrPC, has submitted the charge sheet dated
21.8.2025.
6. On the above premise, learned counsel for petitioners submits that in view of above, he be permitted to withdraw the present writ petition with liberty to file an application under Section 528 BNSS challenging above- mentioned charge sheet as well as the cognizance taking order as well as the summoning order to be passed by the jurisdictional Magistrate. Learned AGA representing state respondents 1 and 2 has no objection to the aforesaid Versus Counsel for Petitioner(s) : Kumar Parikshit Counsel for Respondent(s) : Dhiraj Singh, G.A. Arbind Kumar And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
prayer made by learned counsel for petitioners.
7. In view of above, this writ petition shall stand dismissed as withdrawn with liberty aforesaid.
8. Interim order, if any, shall stand vacated. October 7, 2026 safi CRLP No. 9643 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad