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2026 DAILYLAW 2915 (ALL)

RAJKUMAR AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/10115/2026 · 2026-05-04

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 10115 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Neeraj Pal, the learned counsel for petitioners and the learned A.G.A. representing State-respondents 1 & 2. 2. Perused the record. 3. Petitioners- Rajkumar And 4 Others have approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 08.03.2026 lodged by first informant-respondent-3, Smt. Savitri Devi and registered as Case Crime No. 0023 of 2026, under Sections 85, 352, 115(2), 351(3) of BNS and Section 3/4 of D.P. Act, Police Station- Renua, District- Southern (Commissionerate Kanpur Nagar). 4. On the matter being taken up, the learned A.G.A. representing State- respondents 1 & 2 submits that even before the filing of present writ petition Investigating Officer upon completion of statutory investigation of aforementioned case crime number in terms of Chapter-XIII BNSS/ Chapter- XII Cr.P.C., have already submitted the charge sheet/police report dated 30.03.2026 in terms of Section 173(2) Cr.P.C./ 193(3) BNSS. It is thus urged by the learned A.G.A. that in view of above, remedy now lies to petitioners 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 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. 5. When confronted with above, the learned counsel for petitioners 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submissions made by the learned A.G.A. in opposition to present writ petition, instant writ petition be dismissed as withdrawn with liberty aforesaid. Versus Counsel for Petitioner(s) : Neeraj Pal Counsel for Respondent(s) : G.A. Rajkumar And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 6. Learned A.G.A. for State-respondents 1 & 2 and the learned counsel representing first-informant respondent-3 do not oppose the aforesaid prayer made by the learned counsel for petitioners. 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 petitioners, the learned A.G.A. for State-respondents 1 & 2 upon perusal of record and considering the rival submissions urged by the learned counsel for the parties as noted herein above, this writ petition shall stand dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, stands vacated. May 5, 2026 Israr CRLP No. 10115 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad