HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22542 of 2026 Court No. - 46 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Kamlesh Kumar the learned counsel for petitioner and the learned A.G.A. representing State/respondents 1 and 2. 2. Perused the record. 3. Petitioners-Neetesh Kumar has approached this Court by means of present Criminal Misc. Writ Petition challenging the impugned F.I.R. dated 10.08.2026 lodged by first informant/respondent-3, Smt. Laxmi and registered as Case Crime No. 178 of 2026 under Sections 85, 115(2), 351 (3)BNS and Section 4 D. P. Act, Police Station-Ekdil, District-Etawah. 4. On the matter being taken up, the learned A.G.A. representing State/respondents 1 and 2 submits that during pendency of present writ petition, Investigating Officer upon completion of statutory investigation of aforementioned case crime number in terms of Chapter XIII BNSS, has already forwarded the charge sheet/ police report dated 24.08.2026 as contemplated under Section 193 (3) BNSS. On the above premise, it thus contended 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. It is thus urged by the learned A.G.A. that no interference is warranted by this court in present writ petition. Versus Counsel for Petitioner(s) : Kamlesh Kumar, Rajesh Nath Tripathi Counsel for Respondent(s) : G.A. Neetesh Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 5. When confronted with above, the learned counsel for petitioner could not overcome the same. He, however, submits that in view of the objections raised by the learned A.G.A. in opposition to instant writ petition, the present writ petition be dismissed as withdrawn with liberty aforesaid. 6. Learned A.G.A. representing State/respondents 1 and 2 has no objection to the aforesaid prayer made by the learned counsel for petitioner. 7. In view of above, the prayer prayed for by means of present writ petition is hereby refused. 8 Having heard the learned the learned counsel for petitioner, the A.G.A. representing State/respondents 1and 2, upon perusal of record and considering the rival submissions urged by the learned counsel for the parties, as noted herein above, the instant writ petition shall stand dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, granted earlier shall stand vacated. September 18, 2026 YK CRLP No. 22542 of 2026 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad