Dismissed¶18

Rajkumar v. State of U.P. and 3 Others

Allahabad HC19 Apr 2026CRLP/5546/2026

Case brief

AI extract

What is this about?

Rajkumar v. State of U.P. and 3 Others; High Court of Judicature at Allahabad; Criminal Misc. Writ Petition No. 5546 of 2026 (running caption CRLP No. 5546 of 2026); decided April 20, 2026; bench Rajeev Misra and Sudhanshu Chauhan, JJ.; FIR quashing writ petition dismissed as withdrawn; charge sheet dated 16.10.2025 under Section 193(3) BNSS; liberty reserved to apply under Section 528 BNSS; offences under Sections 115, 351(3), 352 BNS; Case Crime No. 239 of 2025; P.S. Sonaha, District Basti; informant Smt. Madhuri; interim order vacated.

What did the court decide?

Liberty to petitioners to file an application under Section 528 BNSS challenging the charge sheet/police report and the cognizance taking order/summoning order to be passed by the Jurisdictional Magistrate; interim order, if any, vacated. ¶18

Rajkumar 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. - 5546 of 2026

Rajkumar

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

¶6

.....Respondent(s)

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Counsel for Petitioner(s)	: Ashok Kumar Chaudhary
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. Ashok Kumar Chaudhary, the learned counsel for petitioner and the learned A.G.A. for State-respondents 1, 2 and 3.

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Perused the record

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Petitioner-Rajkumar has approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 08.10.2025 lodged by first informant-respondent-4, Smt. Madhuri and registered as Case Crime No. 239 of 2025, under Sections 115, 351(3), 352 BNS, Police Station-Sonaha, District-Basti.

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On the matter being taken up, the learned A.G.A. for State-respondents 1, 2 and 3 submits that during pendency of present writ petition upon 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 16.10.2025 in terms of Section 193(3) BNSS. It is thus urged by the learned A.G.A. that in view of above now remedy lies to petitioner 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. The learned A.G.A. thus submits that present writ petition is liable to be dismissed.

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When confronted with above, the learned counsel for petitioners fairly submits that in view of the objection raised by the learned A.G.A., present

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CRLP No. 5546 of 2026

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writ petition be dismissed as withdrawn with liberty to petitioners to file an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance taking order/summoning order passed by the Jurisdictional Magistrate. As such, the learned A.G.A. submits that present writ petition is liable to be dismissed.

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In view of above, this writ petition is, accordingly, dismissed as withdrawn with liberty aforesaid.

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Interim order, if any, stands vacated.

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April 20, 2026 Gaurav

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

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Rajkumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rajkumar v. State of U.P. and 3 Others

Case brief

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