CRLP/5908/2026 of AMIR AND ANOTHER Vs STATE OF UP AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5908 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Mohd. Arshad, the learned counsel for petitioners, the learned A.G.A. representing State-respondents 1 to 3 and Mr. Anjani Kumar Shukla, the learned counsel representing first-informant respondent- 4. 2. Perused the record. 3. Petitioners- Amir And Another have approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 30.01.2026 lodged by first informant-respondent-4, Rashmi Kumari alias Aaliya and registered as Case Crime No. 0037 of 2026, under Sections 123, 64(2)(m), 89, 351(3), 115(2), 127(2), 74, 318(4) BNS and Section 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station- Rorawar, District- Aligarh. 4. On the matter being taken up, the learned A.G.A. representing State- respondents 1 to 3 submits that during pendency of present criminal misc. writ petition Investigating Officer upon completion of statutory investigation of aforementioned case crime number in terms of Chapter-XIII BNSS has already submitted the charge sheet/police report dated 20.03.2026 as contemplated under Section 193(3) BNSS. He therefore, submits in view of above, no cause of action now survives with petitioners to maintain the present writ petition. 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 Versus Counsel for Petitioner(s) : Mohd. Arshad Counsel for Respondent(s) : Anjani Kumar Shukla, G.A., Shiv Sharan Tripathi Amir And Another .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) 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. Learned A.G.A. thus submits 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 lieu of the objections raised by the learned A.G.A. in opposition to present writ petition, instant writ petition be dismissed as withdrawn with liberty aforesaid.  6. Learned A.G.A. representing State respondents has no objection to 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 petitioner and the learned A.G.A. representing State-respondents 1 to 3 upon perusal of record and considering the 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 6, 2026 Israr CRLP No. 5908 of 2026 2 (Padam Narain Mishra,J.)   (Rajeev Misra,J.) Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad