Neutral Citation No. - 2025:AHC-LKO:13392 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1190 of 2025 Applicant :- Atul Kuamr Dubey Opposite Party :- State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Home And Confidential Lko. And Another Counsel for Applicant :- Sudhanshu S. Tripathi,Raghav Bansal,Ritwika Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. By means of this application, the applicant has prayed for the following main reliefs:- "To quash the impugned order, dated 17.01.2025, passed by learned Additional Sessions Judge, Court No.3, Unnao whereby the discharge application of the Applicant under section 227 Cr.P.C preferred by the Applicant was dismissed; To quash the entire proceedings and consequential proceedings of Session Trial No. 1029 of 2023 (State of U.P v. Divya Awasthi and Ors.), arising out of case crime no. 374/2019 under sections 147, 148, 149, 307, 323, 427, 504, 506 IPC, Police Station Gangaghat, District Unnao, pending in the court of Additional Sessions Judge, Court No.3, Unnao, in so far as it relates of the instant Applicant. To discharge the Applicant in Session Trial No. 1029 of 2023 (State of U.P v. Divya Awasthi and Ors.), arising out of case crime no. 374/2019 under sections 147, 148, 149, 307, 323, 427, 504, 506 IPC, Police Station Gangaghat, District Unnao, pending in the court of Additional Sessions Judge, Court No.3, Unnao. To stay the entire and consequential proceedings of Session Trial No. 1029 of 2023 (State of U.P v. Divya Awasthi and Ors.), arising out of case crime no. 374/2019 under sections 147, 148, 149, 307, 323, 427, 504, 506 IPC, Police Station Gangaghat, District Unnao, pending in the court of Additional Sessions Judge, Court No.3, Unnao." After taking note of the statement of injured witness namely Shubham Mani Tripathi recorded during investigation on 12.06.2019, a copy of which is annexed at Page No. 102-103 of the paper book, and the supplementary statement of this witness recorded during investigation on 13.06.2019, a copy of which is annexed at Page No. 107-108 of the paper book, and also the law related to considering the statement of injured witnesses rendered by the Hon'ble Apex Court in the case of State of M.P. vs. Mansingh (2003) 10 SCC 414; Abdul Sayeed vs. State of M.P. (2010) 10 SCC 259; State of U.P. vs. Naresh; (2011) 4 SCC 324 and Laxman Singh vs. State of Bihar (Now Jharkhand) (2021) 9 SCC 191, on being confronted, learned counsel for the applicant says that he may be permitted to withdraw the instant application with liberty to the applicant to prefer an application under Section 239 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "B.N.S.S.") (old provision i.e. 216 Cr.P.C.) before the court concerned. The aforesaid has not been opposed. In view of the above, the instant application is dismissed as withdrawn with liberty to the applicant to prefer an application under Section 239 B.N.S.S. (old provision i.e. 216 Cr.P.C.) before the court concerned, if permissible under the law. Order Date :- 5.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench