CRLP/5542/2026 of ABHISHEK @ ABHISHEK KUMAR AND ANOTHER Vs STATE OF U.P. AND 2 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5542 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Mr. Dileep Kumar Srivastava, the learned counsel for petitioners and the learned A.G.A. for State respondents 1 and 2. 2. Perused the record 3. Petitioners-Abhishek @ Abhishek Kumar And Another have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 28.01.2026 lodged by first informant-respondent-3, Rohit Kumar and registered as Case Crime No. 0058 of 2026, under Sections 191(2), 115(2), 352, 351(3) of B.N.S., and 3(1) (da), (3(1) (dha), 3(2) (va) of Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act, 1989, Police Station-Kasiya, District- Kushinagar. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1 and 2 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 dated 20.02.2026 in terms of Section 193(3) BNSS. By means of aforesaid police report/charge sheet petitioner-1 Abhishek @ Abhishek Kumar has been exculpated, whereas, petitioner-2 Akhilesh has been charge sheeted. As such, no cause of action now survives with the petitioners to maintain the present writ petition. In view of above remedy now lies to the petitioners to approach this Court by means of an application under Section 528 BNSS 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 210 BNSS. Versus Counsel for Petitioner(s) : Dileep Kumar Srivastava Counsel for Respondent(s) : G.A. Abhishek @ Abhishek Kumar And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. When confronted with above, the learned counsel for petitioners could not overcome the same. He however fairly submits that in view of the submissions made by the learned A.G.A. in opposition to present writ petition, the present writ petition be dismissed as withdrawn with liberty to petitioners to approach this Court by means of an application under Section 528 BNSS. 6. In view of above, the prayer prayed for by means of present writ petition is refused. 7. Having heard, the learned counsel for petitioners, the learned A.G.A. for State respondents 1 and 2 upon perusal of record and considering the objection raised by the learned A.G.A. in opposition to present writ petition, we direct that present writ petition shall stand dismissed as withdrawn with liberty to petitioners to approach this Court by means of an application under Section 528 BNSS. 8. Interim order, if any, shall stand vacated. April 20, 2026 Imtiyaz CRLP No. 5542 of 2026 2 (Sudhanshu Chauhan,J.)   (Rajeev Misra,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad