Neutral Citation No. - 2025:AHC-LKO:13344 Court No. - 16 Case :- CRIMINAL APPEAL No. - 741 of 2025 Appellant :- Ramai And 4 Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Appellant :- Narendra Gupta Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellants and learned AGA for the State. Learned counsel for the appellants submits that the learned Special Judge (SC/ST Act), without considering the police report dated 17.10.2024, took cognizance and passed the impugned summoning order. The order could not have been passed in view of the provisions of Section 175(3) of BNSS, which imposes greater accountability on the police officer for registering an FIR. Section 175(3) of BNSS mandates that the magistrate must consider the submission of the concerned police officer and apply judicial mind before passing an order and it further requires the magistrate to take into account both the complaint and the police officer's report before passing a reasoned order. In the present case, the police officer's report, which clearly shows that no incident took place, has not been considered at all. Learned AGA submits that after the impugned order dated 20.02.2025 issued by the Special Court, an FIR has been registered. As a result thereof, the petitioners will be required to challenge the FIR, and this Court cannot take cognizance of the matter as it falls under the jurisdiction of the Division Bench. At this stage, the learned counsel for the petitioners seeks permission to withdraw the petition with liberty to challenge both the FIR and the impugned order dated 20.02.2025 by filing an appropriate writ petition. In view of the above, the appeal is dismissed as withdrawn with liberty as prayed for. The office is directed to return the certified copies of the documents filed with the petition to the learned counsel for the petitioners. Order Date :- 5.3.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench