HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5546 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Mr. Ashok Kumar Chaudhary, the learned counsel for petitioner and the learned A.G.A. for State-respondents 1, 2 and 3. 2. Perused the record 3. Petitioner-Rajkumar has approached this Court by means of present criminal misc. writ petition challenging the impugned FIR dated 08.10.2025 lodged by first informant-respondent-4, Smt. Madhuri and registered as Case Crime No. 239 of 2025, under Sections 115, 351(3), 352 BNS, Police Station-Sonaha, District-Basti. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1, 2 and 3 submits that during pendency of present writ petition upon completion of statutory investigation of aforementioned case crime number in terms of Chapter-XIII BNSS, Investigating Officer has forwarded the charge sheet/police report dated 16.10.2025 in terms of Section 193(3) BNSS. It is thus urged by the learned A.G.A. that in view of above now remedy lies to petitioner to approach this Court by means of an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance taking order/summoning order to be passed by the Jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS. The learned A.G.A. thus submits that present writ petition is liable to be dismissed. 5. When confronted with above, the learned counsel for petitioners fairly submits that in view of the objection raised by the learned A.G.A., present Versus Counsel for Petitioner(s) : Ashok Kumar Chaudhary Counsel for Respondent(s) : G.A. Rajkumar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) writ petition be dismissed as withdrawn with liberty to petitioners to file an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance taking order/summoning order passed by the Jurisdictional Magistrate. As such, the learned A.G.A. submits that present writ petition is liable to be dismissed. 6. In view of above, this writ petition is, accordingly, dismissed as withdrawn with liberty aforesaid. 7. Interim order, if any, stands vacated. April 20, 2026 Gaurav CRLP No. 5546 of 2026 2 (Sudhanshu Chauhan,J.) (Rajeev Misra,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad