Pradeep Soni and 4 Others Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2026)

Pradeep Soni and 4 Others Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to the petitioners to file an application under Section 528 BNSS challenging the police report and the cognizance taking order/summoning order to be passed by the jurisdictional Magistrate; interim order, if any, vacated.

Issue for consideration

Whether, in view of the charge-sheet/police report having been forwarded under section 193(3) BNSS, the writ petition challenging the FIR dated 13.11.2025 should be dismissed as withdrawn with liberty to the petitioners to challenge the police report and the cognizance taking order/summoning order by an application under Section 528 BNSS.

Court's answer

The writ petition is dismissed as withdrawn, with liberty to the petitioners to approach the Court by moving an application under Section 528 BNSS challenging the police report as well as the cognizance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.

Ratio / Principle

Any interim order operating in the petition stands vacated.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 47), Criminal Misc. Writ Petition No. 3156 of 2026, Pradeep Soni v. State of U.P. (decided 25.02.2026, Rajeev Misra and Lakshmi Kant Shukla, JJ.): Petitioners challenged the FIR dated 13.11.2025, registered as Case Crime No. 355 of 2025 under sections 85, 115(2), 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act at Police Station Kandhrapur, District Azamgarh, lodged by first informant/respondent 4 Suman Devi. The learned A.G.A. stated that upon completion of investigation the charge-sheet/police report had been forwarded under section 193(3) BNSS on 29.01.2026, rendering the petition infructuous, and that the petitioners' remedy lay under Section 528 BNSS against the police report and the cognizance/summoning order to be passed under section 210 BNSS. Counsel for petitioners sought dismissal as withdrawn on that basis; the A.G.A. raised no objection. Held: writ petition dismissed as withdrawn with liberty aforesaid; interim order, if any, vacated. No precedent was cited or considered.

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.

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.

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.

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.

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

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.

Learned A.G.A. representing State respondents has no objection to the aforementioned prayer made by the learned counsel for petitioners.

In view of above this writ petition is hereby dismissed as withdrawn with liberty aforesaid.

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