HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 132 of 2026 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard Mr. Ken Singh, the learned counsel for petitioners and the learned A.G.A. for State for State-respondents 1, 2 & 3. 2. Perused the record. 3. Petitioners-Ashma @Smt Aashma and 6 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 15.12.2025 lodged by first informant-respondent-4 Smt. Reshma and registered as Case Crime No. 174 of 2025, under Sections 85, 115(2), 352, 75, 351(2), 316(2) BNS and Sections 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Hathras. 4. At the very outset, the learned A.G.A. for State-respondents 1, 2 & 3 submits that after 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 27.12.2025 in terms of Section 193(3) BNSS. By means of aforesaid charge sheet/police report, petitioners-1, 2 & 3 have been charge sheeted, whereas petitioners 4, 5, 6 & 7 have been exculpated. In view of above, it is thus urged by the learned A.G.A. that present writ petition insofaras it relates to petitioners-4, 5, 6 & 7 and has been rendered infructuous in respect of petitoners-1, 2 & 3. Learned A.G.A. next contends that in view of the subsequent developments as noted herein above, now remedy lies to petitioners 1, 2 & 3 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 Versus Counsel for Petitioner(s) : Ken Singh Counsel for Respondent(s) : G.A. Ashma @Smt Aashma And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) order/summoning order to be passed by the Jurisdictional Magistrate in exercise of jurisdiction under Section 210 BNSS. It is thus urged by the learned A.G.A. that in view of above, 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fairly submits that in view of the submissions made by the learned A.G.A., present writ petition be dismissed as withdrawn with liberty to petitioners 1, 2 & 3 to file an application under Section 528 BNSS. 6. Learned A.G.A. for State-respondents 1, 2 & 3 has no objection to the prayer made by the learned counsel for petitioners. 7. Having heard the learned counsel for petitioners, the learned A.G.A. for State-respondents 1, 2 & 3, upon perusal of record and considering the objections raised by the learned A.G.A. in opposition to present writ petition as noted herein above, the present writ petition shall stand dismissed as withdrawn with liberty aforesaid. 8. Interim order, if any, stands vacated. March 19, 2026 Vinay CRLP No. 132 of 2026 2 (Divesh Chandra Samant,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad