HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21623 of 2026 Court No. - 46 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Vishesh Rajvanshi, the learned counsel for petitioners and the learned A.G.A. for State-respondents 1, 2 and 3. 2. Perused the record. 3. Petitioners-Gufran Ali and 5 Others have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 01.06.2026 lodged by first informant-respondent-4, Shiv Das Patel and registered as Case Crime No. 336 of 2026, under Sections 191(2), 352, 351(2), 346 BNS, Police Station-Ali Nagar, District-Chandauli. 4. On the matter being taken up, the learned A.G.A. for State-respondents 1, 2 & 3 submits that during pendency of present criminal misc. writ petition, Investigating Officer, upon completion of statutory investigation of aforementioned case crime number in terms of Chapter-XIII BNSS has forwarded the charge sheet/police report dated 24.06.2026 as contemplated under Section 193(3) BNSS. In view of above, the learned A.G.A. submits that remedy lies to petitioners 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. 5. When confronted with above, the learned counsel for petitioner fairly Versus Counsel for Petitioner(s) : Pulkit Kumar Srivastava, Vishesh Rajvanshi Counsel for Respondent(s) : G.A. Gufran Ali And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) submits that in view of the objections raised by the learned A.G.A., present writ petition be dismissed as withdrawn with liberty to petitioners to file an application under Section 528 BNSS challenging aforementioned charge sheet/police report as well as the cognizance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. 6. Learned A.G.A. for State-respondents has 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 petitioner, the learned A.G.A. for State-respondents 1, 2 & 3 and considering the rival submissions as noted above, this writ petition shall stand dismissed as withdrawn with liberty aforesaid. 9. Interim order, if any, stands vacated. September 16, 2026 Vinay CRLP No. 21623 of 2026 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad