Allahabad High Court
PRADEEP SONI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as withdrawn, with liberty to the petitioners to file an application under section 528 CrPC.
Summary
Petitioners Pradeep Soni and four others filed a criminal miscellaneous writ petition challenging an FIR dated 13‑11‑2025 registered under sections 85, 115(2), 352, 351(3) of the IPC and sections 3 and 4 of the Dowry Prohibition Act. The State argued that the investigation was complete and a charge‑sheet had been filed on 29‑01‑2026 under section 193(3) of the CrPC, rendering the writ petition moot. Petitioners, upon hearing this, sought to withdraw the petition and were directed to file an application under section 528 of the CrPC to challenge the charge‑sheet and the cognizance‑taking order of the magistrate. The State had no objection to this approach. The Court dismissed the writ petition as withdrawn, granting liberty to the petitioners to move the appropriate application under section 528, and vacated any interim order.
Issues considered
- Whether a criminal miscellaneous writ petition challenging an FIR remains maintainable after the charge‑sheet has been filed under section 193(3) CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 193(3), 210, 528
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115(2), 351(3), 352, 85
Subjects
- criminal procedure
- FIR
- charge sheet
- section 528 CrPC
- section 210 CrPC
- writ petition
- withdrawal
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 3156 of 2026
Pradeep Soni And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avanish Tripathi, Vivek Kumar Shukla
Counsel for Respondent(s) : G.A.
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.
CRLP No. 3156 of 2026
2
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.
(Lakshmi Kant Shukla,J.) (Rajeev Misra,J.)
February 25, 2026
Arti
Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad
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