Neutral Citation No. - 2025:AHC-LKO:8991-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1091 of 2025 Petitioner :- Suman Dwivedi And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Alok Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. 1. Heard. 2. The present petiton has been file with the following prayer:- "A writ order or direction in nature of certiorari thereby quashing the impugned FIR dated 8.9.2024 lodged at Police Station- Ghazipur, District- Lucknow under Sections 115, 352, 351 (2) BNS as case crime no. 388/2024 in illegal manner by violation the statutory provisions, contained herein as Annexure No.1 to this writ petition." 3. Admittedly in the present case, the Magistrate has ordered to the police to investigation the matter as the offence are non cognizable offence. The said order was challenged in a revision and thereafter revisional order was also challenged in Application under Section 528 BNSS bearing No. 77 of 2024 (Suman Dwivedi And Another Vs. State of U.P. and Another) by the petitioners themselves. 4. Learned A.G.A. raised a preliminary objection that impugned F.I.R. can also be challenged in the aforesaid application filed by the petitioners under Section 528 BNSS and the same Court may examine the validity of both the proceedings as well as facts of the F.I.R. but this Court under its jurisdiction under Article 226 of the Constitution of India should not interfere in the matter. 5. In the aforesaid facts and circumstances of the case, learned counsel for the petitioners prays to withdraw the petition with liberty to challenge the impugned F.I.R. by filing a fresh application under Section 528 BNSS or seek appropriate remedy as may be permissible in law. 6. With the aforesaid observations/liberty, the writ petition is dismissed as withdrawn. [Brij Raj Singh, J.] [Vivek Chaudhary,J.] Order Date :- 12.2.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench