CRLP/29640/2025 of YADUVIR SINGH AND 2 OTHERS Vs STATE OF U.P AND 2 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 29640 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard Mr. Dheeraj Kumar Singh, the learned counsel for petitioners and the learned A.G.A. for State-respondents 1 & 2. 2. Perused the record. 3. Petitioners-Yaduvir Singh and 2 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 07.09.2025 lodged by first informant-respondent-3 Smt. Mithlesh and registered as Case Crime No. 0439 of 2025, under Sections 115(2), 352, 351(2), 74, 333, 318(4), 316(2) BNS, Police Station-Vijay Nagar, District- Ghaziabad. 4. At the very outset, the learned A.G.A. for State-respondents 1 & 2 submits that after completion of statutory investigation of aforementioned case crime number in terms of Chapter-XIII BNSS, Investigating Officer has forwarded the charge sheet/police report dated 15.12.2025 in terms of Section 193(3) BNSS. By means of aforesaid charge sheet/police report, petitioners-1 & 2 i.e. Yaduvir and Smt. Vijay have been charge sheeted, whereas petitioner-3 Hemendra has been exculpated. In view of above, it is thus urged by the learned A.G.A. that present writ petition insofaras it relates to petitioner-3 and has been rendered infructuous. In respect of petitoners-1 & 2, the learned A.G.A. contends that in view of the subsequent developments as noted herein above, now remedy lies to petitioners 1 & 2 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 Versus Counsel for Petitioner(s) : Dheeraj Kumar Singh Counsel for Respondent(s) : G.A. Yaduvir Singh And 2 Others .....Petitioner(s) State Of U.P And 2 Others .....Respondent(s) order/summoning order to be passed by the Jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS. It is thus urged by the learned A.G.A. that in view of above, present writ petition is liable to be dismissed.  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fairly submits that in view of the submissions made by the learned A.G.A., present writ petition be dismissed as withdrawn with liberty to petitioners 1 & 2 to file an application under Section 528 BNSS.  6. Learned A.G.A. for State-respondents 1 & 2 has no objection to the prayer made by the learned counsel for petitioners.  7. Having heard the learned counsel for petitioners, the learned A.G.A. for State-respondents 1 & 2, upon perusal of record and considering the objections raised by the learned A.G.A. in opposition to present writ petition as noted herein above, the present writ petition shall stand dismissed as withdrawn with liberty aforesaid. 8. Interim order, if any, stands vacated. March 19, 2026 Vinay CRLP No. 29640 of 2025 2 (Divesh Chandra Samant,J.)   (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad