Disposed¶17

Munish Kumar and Another v. State of U.P. and 2 Others

Allahabad HC20 Feb 2026CRLP/3338/2026

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition; challenge to FIR dated 01.08.2025; Case Crime No. 0243 of 2025; P.S. Kyoladiya, District Bareilly; sections 74, 296, 352, 351(2) BNS; section 67 I.T. (Amended) Act, 2018; interim protection from arrest; no-arrest direction till next date; adjournment due to AGA lacking instructions; listed for fresh admission on 13.03.2026; Allahabad High Court; Bench of Rajeev Misra and Lakshmi Kant Shukla, JJ.; first informant Smt. Kamini; counsel Vishnu Kumar for petitioners, G.A./AGA for State.

What did the court decide?

Interim protection from arrest: petitioners not to be arrested in Case Crime No. 0243 of 2025 till the next date fixed; hearing adjourned and matter to be put up again for admission as fresh on 13.03.2026. ¶17

Munish Kumar and Another vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 3338 of 2026

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Munish Kumar And Another

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.....Petitioner(s)

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Versus

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State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Vishnu Kumar
Counsel for Respondent(s)	: G.A.

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Court No. - 47

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HON'BLE RAJEEV MISRA, J. HON'BLE GARIMA PRASHAD, J.

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Heard Sri Vishnu Kumar, learned counsel for the petitioners and learned A.G.A. representing the State-respondent nos.1 and 2.

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2. Perused the record.

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Petitioners-Munish Kumar and another have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 01.08.2025 lodged by first informant-respondent-3, Smt. Kamini and registered as Case Crime No. 0243 of 2025, under Sections 74, 296, 352, 351(2) B.N.S. and Section 67 of Information Technology (Amendment) Act, 2018, Police Station-Kyoladiya, District-Bareilly.

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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 the Investigating Officer has forwarded the charge sheet/police report dated 26.12.2025 in terms of Section 193(3) BNSS. In view of above, the learned A.G.A. thus submits that no cause of action now survives to petitioners to press this writ petition any further. Remedy lies to petitioners to approach this Court by filing an application under Section 528 BNSS challenging the 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. It is thus urges by the learned A.G.A. for the State that in view of the above, the present writ petition is liable to be dismissed with liberty aforesaid.

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When confronted with above, the learned counsel for petitioners fairly submits that present writ petition be dismissed as withdrawn with liberty to petitioners to approach this Court by filing an

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CRLP No. 3338 of 2026

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application under Section 528 BNSS.

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In view of above, the prayer prayed for by means of present writ petition is refused.

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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 submissions urged by the learned A.G.A. as noted herein above, the 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.

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Interim order, if any, stands vacated.

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(Garima Prashad,J.) (Rajeev Misra,J.)

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March 13, 2026

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Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Munish Kumar and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Munish Kumar and Another v. State of U.P. and 2 Others

Case brief

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