Neutral Citation No. - 2025:AHC-LKO:15589 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2035 of 2025 Applicant :- Rajendra Prakash Saxena @ Rajendra Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Counsel for Applicant :- Lohitaksha Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant challenging the sanction of prosecution order dated 27.06.2018 on the ground that the same has been passed without application of mind and an ante-dated order. On the other hand, learned AGA has raised a preliminary objection regarding maintainability of the present application on the ground that the applicant had earlier also preferred a petition/application i.e. Application U/S 482 No. 10244 of 2022 for quashing of the cognizance order and the proceedings of case no. 587 of 2018, arising out of Case Crime No. 0299 of 2017, under Section 7/13(1) D read with Section 13(2) of Prevention of Corruption Act. The said petition/Application U/S 482 was dismissed by judgment and order dated 20.02.2023 against which the SLP was preferred which was also dismissed by order dated 28.04.2023 with an observation by the Hon'ble Supreme Court that the dismissal order will not foreclose any option for the petitioner available in law, at the time of framing of charge. It is further submitted by learned AGA that the prosecution sanction order dated 27.06.2018 which is impugned in the present application was filed before the trial court in the year 2021 which is not disputed by learned counsel for the applicant, hence, when the said order was on the record and it was in the knowledge of the applicant, the applicant would have challenged the same at the time of filing of the earlier Application U/S 482 Cr.P.C. The applicant has no right to challenge the proceedings time and again by taking ground which was available with him at the time of filing of first Application U/S 482 Cr.P.C. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present Application U/S 482 as dismissed as not pressed with liberty to the applicant to avail the remedy as may be permissible under the law. In view of above, the present Application U/S 482 Cr.P.C. is dismissed as not pressed. Order Date :- 17.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench