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2026 DAILYLAW 4142 (ALL)

SUMAN DEVI v. STATE OF U.P. AND 5 OTHERS

CRLP/9737/2026 · 2026-05-06

Padam Narain Mishra, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9737 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Vikas Kumar Yadav, the learned counsel for petitioner and the learned A.G.A. for State respondents 1, 2 & 3. 2. Perused the record 3. Petitioner-Suman Devi has approached this Court by means of present criminal misc. writ petition challenging the FIR dated 12.03.2026 lodged by first informant for a writ of mandamus commanding the respondents to conclude fair and impartial investigation of Case Crime No. 60 of 2026, under Sections 333, 76, 115(2), 304(2), 352, 351 of B.N.S., Police Station- Vindhyachal, District- Mirzapur, expeditiously. 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 concerned case crime number in terms of Chapter XIII BNSS, Investigating Officer has forwarded the charge sheet/police report in terms of Section 193(3) BNSS. On the above premise the learned AGA submits that remedy lies to petitioner to approach this Court by means of an application under Section 528 BNSS challenging the charge sheet as well as the cognizance taking order/summoning order to be passed by the jurisdictional magistrate in exercise of jurisdiction under Section 210 BNSS. It is thus urged by learned AGA that no interference is warranted by this Court in the present writ petition. 5. When confronted with above, the learned counsel for petitioner submits that in view of the objections raised by the learned AGA in opposition to present writ petition, instant writ petition be dismissed as withdrawn with Versus Counsel for Petitioner(s) : Satyam Mishra, Vikas Kumar Yadav Counsel for Respondent(s) : G.A. Suman Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) liberty aforesaid. 6. Learned A.G.A. for State-respondents 1, 2 and 3 has no objection to the aforesaid prayer made by the learned counsel for petitioner. 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 petitioner, the learned AGA for State- respondents, upon perusal of record and considering the rival submissions urged by the learned counsel for parties as noted hereinabove, the present writ petition shall stand dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, shall stand discharged. May 7, 2026 A.N. Mishra CRLP No. 9737 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad