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2026 DAILYLAW 131 (ALL)

PRADEEP SONI AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/3156/2026 · 2026-02-24

Lakshmi Kant Shukla, Rajeev Misra

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 3156 of 2026 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. V.K. Shukla along with Mr. Avanish Tripathi, the learned counsel for petitioners and the learned A.G.A. representing State respondents 1, 2 and 3. 2. Perused the record. 3. Petitioners, Pradeep Soni and four others have approached this Court by means of present Criminal Misc. Writ Petition challenging the FIR dated 13.11.2025 lodged by first informant/respondent 4 Suman Devi and registered as Case Crime No. 355 of 2025, under section 85, 115(2), 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act, Police Station Kandhrapur, District Azamgarh. 4. On the matter being taken up, the learned A.G.A. representing State respondents 1, 2, 3 submits that after completion of statutory investigation of aforementioned case crime number, Investigating Officer has forwarded the charge-sheet/police report in terms of section 193(3) BNSS on 29.01.2026. 5. On the above premise, the learned AGA representing State respondents would thus submits that present writ petition has now been rendered infructuous. Remedy now lies to the petitioners to approach this Court by filing an Application U/S 528 BNSS challenging the aforementioned charge sheet/police report as well the cognizance taking order/summoning order to be passed by the jurisdictional magistrate in exercise of jurisdiction under section 210 BNSS. Versus Counsel for Petitioner(s) : Avanish Tripathi, Vivek Kumar Shukla Counsel for Respondent(s) : G.A. Pradeep Soni And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 6. When confronted with above, the learned counsel for petitioners fairly submit that in view of the statement made by the learned AGA the present petition be dismissed as withdrawn with liberty to petitioners to approach this court by moving an application under Section 528 BNSS challenging the police report as well as the cognizance taking order/summoning order to be passed by the jurisdictional Magistrate. 7. Learned A.G.A. representing State respondents has no objection to the aforementioned prayer made by the learned counsel for petitioners. 8. In view of above this writ petition is hereby dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, stands vacated. February 25, 2026 Arti CRLP No. 3156 of 2026 2 (Lakshmi Kant Shukla,J.) (Rajeev Misra,J.) Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad