HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 27261 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Jai Prakash Rai, the learned counsel for petitioner and the learned A.G.A. representing State respondents 1,2 and 3. 2. Perused the record. 3. Petitioner, Abhishek Kushwaha has approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 20.09.2025 lodged by first informant/ respondent 4 Smt. Hemlata and registered as Case Crime No. 102 of 2025, under Sections 85, 115(2), 352, 351(3) BNS of B.N.S. and Section 3/4 D.P. Act, Police Station Churkhi, District Jalaun at Orai. 4. On the matter being taken up, the learned A.G.A. submits that chargesheet/police report in terms of Section 193 B.N.S.S. has already been submitted on 01.11.2025. 5. On the above premise, the learned A.G.A. contends that no cause of action now survives with the petitioner to maintain the present writ petition. Remedy lies to petitioner to approach this Court by means of an Application under Section 528 BNSS challenging the aforementioned charge sheet/police report, as well as the cognizance taking order/summoning order to be passed by the Jurisdictional magistrate. 6. When confronted with above, the learned counsel for petitioner fairly submits that he be permitted to withdraw the present petition with liberty to petitioner to approach this Court by means of an Application under Section Versus Counsel for Petitioner(s) : Jai Prakash Rai, Om Prakash Counsel for Respondent(s) : G.A. Abhishek Kushwaha .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 528 B.N.S.S. challenging the chargesheet/police report, as well as the cognizance taking order/summoning order to be passed by the Jurisdictional magistrate. 7. Submission urged by the learned counsel for petitioner as noted above is not opposed by the learned A.G.A. 8. In view of above, this writ petition is, accordingly, dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, stands vacated. February 23, 2026 RPD CRLP No. 27261 of 2025 2 (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad