Neutral Citation No. - 2025:AHC-LKO:18079 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 229 of 2025 Applicant :- Jagdish Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following main prayers:- "for the facts, reasons and circumstances stated in the accompanying affidavit that this Hon'ble Court may graciously be pleased to direct to opposite party no. 2 for further investigation from another Police Station in F.I.R. No. 217/2024 under section 115(2), 352, 351(2), 117(2), 110 BNS, Police Station Manpur, District Sitapur, in the interest of justice." Learned AGA has raised a preliminary objection regarding the maintainability of the present application under Section 482 Cr.P.C./528 B.N.S.S. and has submitted that the charge- sheet has already been filed before the trial court and now the Superintendent of Police cannot either change the I.O. or ask for further investigation in the matter. On being asked from learned counsel for the applicant whether the charge-sheet has been filed or not before the concerned court, he has submitted that the charge sheet has already been filed before the concerned court. It is further submitted by learned AGA that further investigation is permitted as per Section 173(8) Cr.P.C., wherein it has been provided that the investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence. Learned counsel for the applicant has failed to reply the reliance placed by the learned AGA upon Section 173 Cr.P.C. After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application as dismissed as not pressed with liberty to raise his grievance before the court concerned. In view of above, the present application under Section 482 Cr.P.C./528 B.N.S.S. is dismissed as not pressed with liberty to the applicant to avail the remedy as may be permissible under law. Order Date :- 1.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench