HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 9733 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Mr. Shyam Shankar Mishra, the learned counsel for petitioners; the learned A.G.A. for State respondents 1 & 2; and Mr. Amar Singh Yadav, the learned counsel representing first informant/respondent no.3. 2. Perused the record 3. Petitioner- Parvez and 2 others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 12.03.2026 lodged by first informant-respondent-3, Arsalan and registered as Case Crime No. 74 of 2026, under Sections 115(2), 352, 351(3) of BNS, 2023, Police Station-Shahganj, District-Jaunpur. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1 and 2 submits that after completion of statutory investigation of concerned case crime number in terms of Chapter XIII BNSS, Investigating Officer has forwarded the charge sheet/police report in terms of Section 193(3) BNSS. On the above premise, the learned AGA contends that remedy now 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 Jurisdiction Magistrate in exercise of jurisdiction under Section 210 BNSS. As such no interference is warranted by this court in present writ petition. 5. When confronted with above, the learned counsel for petitioners submits that in view of the objection raised by the learned AGA in Versus Counsel for Petitioner(s) : Kaushlendra Pandey, Shyam Shankar Mishra Counsel for Respondent(s) : Amar Singh Yadav, G.A. Parvez And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) opposition to present writ petition, instant writ petition be dismissed as withdrawn with liberty aforesaid. 6. Learned A.G.A. for State-respondents 1 and 2 and the learned counsel representing first informant respondent-3 have no objection to the aforesaid prayer made by the learned counsel for petitioners. 7. In view of above the prayer prayed for by means of present writ petition is hereby refused. 8. Having heard the learned counsel for petitioners, the learned AGA for State respondents, upon perusal of record and considering the rival submissions urged by the learned counsel for the parties as noted hereinabove, the present writ petition shall stand dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, shall stand vacated. May 7, 2026 A.N. Mishra CRLP No. 9733 of 2026 2 (Padam Narain Mishra,J.) (Rajeev Misra,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad