Dismissed¶19

Rakesh Kumar Mishra and Another v. State of U.P. and 3 Others

Allahabad HC19 Apr 2026CRLP/5534/2026

Case brief

AI extract

What is this about?

Rakesh Kumar Mishra v. State of U.P.; Criminal Misc. Writ Petition No. 5534 of 2026; Allahabad High Court; FIR challenge; dismissal as withdrawn with liberty; Section 528 BNSS application; charge sheet dated 31.01.2026 under Section 193(3) BNSS; investigation under Chapter XIII BNSS; cognizance under Section 210 BNSS; offences under Sections 351(2), 352, 333 B.N.S.; P.S. Barra, Kanpur Nagar; informant Arun Kumar; interim order vacated; decided April 20, 2026.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to file an application under Section 528 BNSS; interim order, if any, vacated. ¶19

Rakesh Kumar Mishra and Another Vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5534 of 2026

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Rakesh Kumar Mishra And Another

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Uttam Singh
Counsel for Respondent(s)	: G.A.

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Court No. - 49

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HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J.

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Heard Mr. Uttam Singh, the learned counsel for petitioners and the learned A.G.A. for State respondents 1, 2 & 3.

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2. Perused the record

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Petitioners-Rakesh Kumar Mishra And Another have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 27.01.2026 lodged by first informant-respondent-4, Arun Kumar and registered as Case Crime No. 28 of 2026, under Sections 351(2), 352, 333 of B.N.S., Police Station-Barra, District- Kanpur Nagar.

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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 dated31.01.2026 in terms of Section 193(3) BNSS. As such, no cause of action now survives with petitioners to maintain the present writ petition. In view of above remedy now lies to 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.

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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 instant writ petition be dismissed as withdrawn with liberty to

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CRLP No. 5534 of 2026

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petitioners to approach this Court by means of an 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, 2 & 3, 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.

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Interim order, if any, shall stands vacated.

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April 20, 2026 Imtiyaz

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(Sudhanshu Chauhan,J.) (Rajeev Misra,J.)

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Rakesh Kumar Mishra and Another v. State of U.P. and 3 Others

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Rakesh Kumar Mishra and Another v. State of U.P. and 3 Others

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