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2026 DAILYLAW 3153 (ALL)

JAINAB NISHA v. STATE OF U.P. AND 3 OTHERS

CRLP/5999/2026 · 2026-05-05

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5999 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. Heard Mr. Manoj Kumar Singh, the learned counsel for petitioner and the learned A.G.A. for State/respondents-1,2,3. Perused the record. Petitioner- Jainab Nisha has approached this Court by means of present Criminal Misc. Writ Petition challenging the F.I.R. dated 6.3.2026, lodged by first informant/respondent-4 Neeraj Dhama and was registered as Case Crime No. 0224 of 2026, under sections 221, 351(2) BNS, 67 I.T. Act, Police Station- Majhola Police Station- Moradabad On the matter being taken up, the learned A.G.A. for State/respondents- 1,2, 3 submits that after completion of statutory investigation of concerned case crime number in terms of Chapter XIII Cr.P.C., Investigating Officer has forwarded the requisite charge-sheet/police report dated 1.5.2026 as contemplated under section 193(3) BNSS. It is then contended by the learned A.G.A. that Section 7/8 POCSO Act has also been added. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present writ petition. When confronted with above, the learned counsel for petitioner submits that in view of the objection raised by learned A.G.A. to in opposition to present writ petition, the instant writ petition be dismissed as withdrawn with liberty to petitioners to challenge the charge-sheet/police report as well as Cognizance Taking Order/Summoning Order to be passed by Jurisdictional Magistrate in exercise of Jurisdiction under section 210 BNSS by filing an application under section 528 BNSS. Versus Counsel for Petitioner(s) : Manoj Kumar Singh Counsel for Respondent(s) : G.A. Jainab Nisha .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Learned A.G.A. representing State/respondents- 1, 2 and 3 does not oppose the aforesaid prayer made by the learned counsel for petitioner. In view of of above, the prayer prayed for by means of present writ petition is refused. Having heard the learned counsel for petitioner, the learned A.G.A. for State/respondents-1,2,3 upon persual of record. this writ petition shall stand dismissed as withdrawn with liberty to petitioner to challenge the impugned charge-sheet/police report by means of an application under section 528 BNSS. Interim order, if any, stands vacated. May 6, 2026 Arshad CRLP No. 5999 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad