Neutral Citation No. - 2025:AHC-LKO:22978 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3453 of 2025 Applicant :- Ashok Kumar Goutam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Sri Vinay Kumar Singh, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the State. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "1. Issue an order or direction for quashing the order dated 27.03.2025 passed in case no. 68450/2023, case crime no. 545/2021, under Section 147/452/323/504 IPC, State vs. Rahul Gautam, P.S. Krishna Nagar, Lucknow passed by Additional Chief Judicial Magistrate-7 Lucknow and further direct to frame charge U/s 307 IPC and 394 IPC. 2. Issue an order or directions for speed trial in case no. 68450/2023, Case Crime No. 545/2021, U/s 147/452/323/504/506 IPC State vs. Rahul Gautam, P.S. Krishna Nagar Lucknow pending in the court of Additional Chief Judicial Magistrate-7 Lucknow on day to day basis and same me disposed within a period of six months." Brief facts of the case are that an FIR dated 19.12.2021 was lodged by the applicant under Sections 147/452/325/379/504/506 IPC against the accused persons. The Police after investigation has filed charge- sheet under the sections mentioned above. The applicant has moved an application under Section 216 Cr.P.C. for adding Section 307 & 394 IPC which was rejected by the court concerned by passing the impugned order dated 27.03.2025. On the other hand, learned AGA has submitted that the applicant has no right to move an application under Section 216 Cr.P.C. and the same is not maintainable. In support of his submission, he has relied upon the judgments of Hon'ble Supreme Court in the cases of P. Kartikalakshmi vs. Sri Ganesh and Anr. [(2017) 3 SCC 347] and Hasanbhai Valibhai Qureshi vs. State of Gujarat and others [(2004) 5 SCC 347]. At this stage, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application as dismissed as not pressed. In view of above, the present application is dismissed as not pressed. Order Date :- 23.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench