Dismissed¶18

Abhishek @ Abhishek Kumar and Another v. State of U.P. and 2 Others

Allahabad HC19 Apr 2026CRLP/5542/2026

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Misc. Writ Petition No. 5542 of 2026; FIR dated 28.01.2026; Case Crime No. 0058 of 2026; P.S.-Kasiya, District-Kushinagar; Sections 191(2), 115(2), 352, 351(3) BNS; Sections 3(1)(da), 3(1)(dha), 3(2)(va) SC/ST (Prevention of Atrocities) Act, 1989; charge sheet dated 20.02.2026 under Section 193(3) BNSS; petitioner-1 exculpated, petitioner-2 charge sheeted; writ petition dismissed as withdrawn; liberty under Section 528 BNSS; cognizance/summoning under Section 210 BNSS; interim order vacated; Rajeev Misra, J. and Sudhanshu Chauhan, J.; April 20, 2026.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to petitioners to approach this Court by means of an application under Section 528 BNSS; interim order, if any, stands vacated. ¶18

Abhishek @ Abhishek Kumar and Another Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to petitioners to approach this Court by means of an application under Section 528 BNSS; interim order, if any, stands vacated.

¶18

Issue for consideration

Whether the criminal misc. writ petition challenging the FIR dated 28.01.2026 survives for adjudication after the filing of the police report/charge sheet dated 20.02.2026, whereby petitioner-1 was exculpated and petitioner-2 was charge sheeted, leaving the petitioners to seek remedy under Section 528 BNSS.

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Court's answer

The present writ petition shall stand dismissed as withdrawn, with liberty to the petitioners to approach this Court by means of an application under Section 528 BNSS challenging the charge sheet/police report and the cognizance-taking/summoning order to be passed by the Jurisdictional Magistrate; the prayer made in the writ petition is refused.

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Ratio / Principle

Any interim order operating in the matter shall stand vacated.

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Detailed headnote1 paragraphs

Allahabad High Court, Criminal Misc. Writ Petition No. 5542 of 2026 (decided April 20, 2026; Rajeev Misra and Sudhanshu Chauhan, JJ.): Petitioners challenged FIR dated 28.01.2026 registered as Case Crime No. 0058 of 2026, P.S.-Kasiya, District-Kushinagar, under Sections 191(2), 115(2), 352, 351(3) of B.N.S. and 3(1)(da), 3(1)(dha), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the matter being taken up, the learned A.G.A. submitted that upon completion of investigation under Chapter XIII BNSS, a charge sheet/police report dated 20.02.2026 had been forwarded under Section 193(3) BNSS, exculpating petitioner-1 Abhishek @ Abhishek Kumar and charge sheeting petitioner-2 Akhilesh, so that remedy lay under Section 528 BNSS against the charge sheet and any cognizance/summoning order under Section 210 BNSS. Counsel for petitioners, unable to overcome the objection, sought dismissal as withdrawn with such liberty. Held: writ petition dismissed as withdrawn with liberty to file an application under Section 528 BNSS; interim order, if any, stands vacated.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5542 of 2026

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Abhishek @ Abhishek 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

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.....Respondent(s)

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Counsel for Petitioner(s)	: Dileep Kumar Srivastava
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. Dileep Kumar Srivastava, the learned counsel for petitioners and the learned A.G.A. for State respondents 1 and 2.

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2. Perused the record

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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.

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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 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.

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CRLP No. 5542 of 2026

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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 present writ petition be dismissed as withdrawn with liberty to 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 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.

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Interim order, if any, shall stand 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

Abhishek @ Abhishek Kumar and Another v. State of U.P. and 2 Others

Case brief

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Abhishek @ Abhishek Kumar and Another v. State of U.P. and 2 Others

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