VIPIN TIWARI AND ANOTHER v. THE STATE OF U.P. AND 2 OTHERS
CRLP/26315/2025 · 2026-10-05
Jai Krishna Upadhyay, Rajeev Misra
body2026
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[ 2026 DAILYLAW 15300 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15300 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26315 of 2025 With (1) Criminal Misc. Writ Petition No. 26095 of 2025 Jagdish Rajpoot @ Jagdeep Rajpoot vs. State of U.P. and 3 Others (2) Criminal Misc. Writ Petition No. 26156 of 2025 Ajay Vikram Singh Rajpoot vs. State of U.P. and 3 Others (3) Criminal Misc. Writ Petition No. 26839 of 2025 Pravesh Niranjan vs. State of U.P. and 3 Others (4) Criminal Misc. Writ Petition No. 27632 of 2025 Vimla Devi vs. State of U.P. and 3 Others (5) Criminal Misc. Writ Petition No. 29327 of 2025 Krishnkant vs. State of U.P. and 2 Others Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Heard Mr. C. P. Tiwari, learned counsel for the petitioners in criminal misc. writ petition no. 26315 of 2025 (Vipin Tiwari and Another vs. The State of U.P. and 2 Others) and learned A.G.A. representing State- respondents 1 and 2.
2. Perused the record. 3.Above mentioned writ petitions have been filed challenging the impugned FIR dated 10.09.2025, lodged by first informant, respondent 3, Vijay Narayan, and registered as Case Crime No. 0251 of 2025, under Sections 318 (4), 338, 336 (3) B.N.S., 2023, Police Station Kulpahar, District Mahoba. Versus Counsel for Petitioner(s) : Chandra Prakash Tiwari Counsel for Respondent(s) : G.A. Vipin Tiwari And Another .....Petitioner(s) The State Of U.P. And 2 Others .....Respondent(s)
4. On the matter being taken up, learned A.G.A. representing State respondents 1 and 2 submits that during pendency of present writ petition, Investigating Officer, upon completion of statutory investigation of aforementioned case crime number, in terms of Chapter XIII BNSS, has already forwarded the charge sheet/police report dated 13.03.2026 as contemplated under Section 193 (3) BNSS.
5. In view of the above, remedy lies to petitioners to approach this Court by filing of an application under Section 528 of BNSS to challenge the aforementioned charge sheet as well as cognizance/summoning order passed by the jurisdictional Magistrate.
6. In view of the above, present writ petitions disposed of with liberty aforesaid.
7. Interim order, if any, stands vacated. October 6, 2026 AKT CRLP No. 26315 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad