Allahabad High Court
CRLP/5222/2025 of MAHESH KUMAR Vs UNION OF INDIA AND 4 OTHERS on 5 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5222 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE JAI KRISHNA UPADHYAY, J. 1. Heard Mr. Shishir Tandon, the learned counsel for petitioner, the learned AGA representing State respondents 1 to 4, Mr. Kapil Kumar, the learned
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 5222 of 2025
Court No. - 47
HON'BLE RAJEEV MISRA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
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1. Heard Mr. Shishir Tandon, the learned counsel for petitioner, the learned AGA representing State respondents 1 to 4, Mr. Kapil Kumar, the learned counsel representing first informant respondent 5 and Mr. Rahul Srivastava, learned counsel representing respondent 6 C.B.I.
2. Perused the record.
3. Petitioner, Mahesh Kumar, has approached this Court by means of present criminal miscellaneous writ petition praying for a writ of mandamus commanding respondent 1, Union of India, to transfer investigation of Case Crime No. 0021 of 2025, under Section 108 of B.N.S., 2023, Police Station Noida Sector -39, District Commissionerate Gautam Budh Nagar from respondent 4 (Investigating Officer / Deputy Commissioner of Police Crime, Noida Commissionrate, Gautam Buddha Nagar) to C.B.I.
4. On the matter being taken up, Mr. Kapil Kumar, learned counsel representing first informant respondent 5, submits that during pendency of present writ petition, investigating officer upon completion of statutory investigation of concerned case crime number has already submitted the charge sheet/police report dated 26.03.2025 in terms of Section 193 (3) BNSS. Upon submission of aforesaid police report, cognizance has also been taken upon same by the jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS vide cognizance taking order dated 28.03.2025.
5. In view of above, and also the law laid down by Apex Court in the case of Versus Counsel for Petitioner(s) : Shishir Tandon, Sr. Advocate Counsel for Respondent(s) : Rahul Srivastava, A.S.G.I., G.A., Kapil Kumar, Manu Vardhana, Sunder Singh Mahesh Kumar .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
Pradnya Pranjal Kulkarni Vs. State of Maharashtra and Another, 2025 SCC OnLine SC 1948, we are of the view that no cause of action now survives to present writ petitioner. As a result, the present writ petition fails and is liable to be dismissed as having been rendered infructuous.
6. It is accordingly dismissed as having been rendered infructuous. October 6, 2026 AKT CRLP No. 5222 of 2025 2 (Jai Krishna Upadhyay,J.) (Rajeev Misra,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad