Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 219 of 2025 Applicant :- Durgesh Kumar @ Rinku @ Rana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Sri Adarsh Srivastava, learned Advocate has put in appearance and filed Vakalatnama on behalf of Respondent No.2, which is taken on record, and raised a preliminary objection regarding maintainability of the present applicant filed under Section 528 BNSS on the ground that after the summoning order, the applicant had moved a discharge application which was rejected and thereafter Criminal Revision No.259 of 2025 was filed and it was listed before the Court for the first time on 3.3.2025, in which no interim order has been granted and four weeks' time was given to the learned A.G.A. to file counter affidavit and two weeks thereafter to the learned counsel for the applicant to file rejoinder affidavit. 2. The present application was filed on 18.03.2025 without disclosing this fact rather in para 1 of the affidavit filed alongwith application it has been stated that 'the petitioner prior to this has not been moved any petition neither before this Hon'ble court nor at Allahabad, hence this is the first petition' and made material concealment at the time of filing of the present application, which is liable to be dismissed. 3. It is further submitted that the applicant is not a layman. He is a practicing advocate, this can be seen from the affidavit sworn by the applicant. 4. At this stage, learned counsel for the applicant has submitted that he has not been informed by his client about the proceedings which he has already initiated and pending before this Court and prays that the present application may be dismissed as not pressed. 5. The conduct of the applicant is concealing the material facts as indicated above is deprecated. 6. As such, the present application u/s 528 BNSS is dismissed as not pressed. Order Date :- 9.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench