Legal Analysis: Shrikant Ojha vs. State of UP & Ors

Citation: 2026 INSC 482 (Non‑Reportable)
Court: Supreme Court of India
Bench: Justice J.K. Maheshwari (Division Bench – the other judge’s name is not mentioned in the extract)
Date of Decision: May 12, 2026
Nature of Judgment: Criminal Appeal under Article 136 of the Constitution of India against an interim order of the High Court of Judicature at Allahabad in a criminal writ petition.

Synopsis of the Judgment

The appellant (complainant) challenged an interim order passed by the Allahabad High Court in a writ petition filed by respondent No.2 (an accused) seeking quashing of an FIR. The High Court, relying on the judgment in Pradnya Pranjal Kulkarni, directed that the investigation may continue but the police report (chargesheet) under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall not be submitted to the Court till the pendency of the writ petition. The Supreme Court set aside this direction, holding that it was a blanket order affecting the statutory right of the investigating agency to complete the investigation and file a report. The Court distinguished Pradnya Pranjal Kulkarni, which only dealt with the distinction between Article 226 and Section 528 BNSS after cognizance, and did not support restraining the filing of a chargesheet. The Court directed the Investigating Officer to complete the investigation and file the report. Further, noting multiple FIRs and repeated illegal sale of the society’s land, the Court constituted a Special Investigation Team (SIT) under the supervision of the Chief Secretary, UP, with the Registrar of Societies as a member, to conduct a fact‑finding enquiry into the alienation of the society’s properties.

1. Basic Information of the Judgment

• Case Title: Shrikant Ojha vs. State of UP & Ors.

• Criminal Appeal No.: Arising out of Special Leave Petition (Crl.) No. 3123 of 2026

• Bench: Justice J.K. Maheshwari (Division Bench)

• Date of Decision: May 12, 2026

• Citation: 2026 INSC 482 (Non‑Reportable)

• Appeal From: Interim order dated 06.02.2026 of the High Court of Judicature at Allahabad in Criminal Misc. Writ Petition No. 1718 of 2026

2. Legal Framework

Laws and Provisions Involved

• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 193(3) (filing of police report/chargesheet after completion of investigation)

• Indian Penal Code, 1860 (IPC): Sections 420, 465, 467, 468, 471, 120B, etc. (offences alleged)

• Constitution of India, 1950: Article 226 (writ jurisdiction of High Courts), Article 136 (special leave to appeal)

• Code of Criminal Procedure, 1973 (CrPC): Section 482 (inh

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