Neutral Citation No. - 2025:AHC-LKO:26659 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 381 of 2025 Applicant :- Abhinav Omar Opposite Party :- The State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A.,Vaibhav Upadhyay Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and Sri Rao Narendra Singh, learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- " WHEREFORE it is prayed that the Impugned Order dated 19- 03-2025, by means of which the Discharge Application of the Applicant was rejected in the case titled as 'The State of U.P. versus Abhinav Omar', Sessions Trial No. 2685 / 2024, arising out of FIR/Crime No. 35 / 2024, U/s 376 / 323 / 506 I.P.C., relating to P.S. - Mahila Thana, Lucknow, may kindly be quashed. IT IS FURTHER PRAYED that this Hon'ble Court may kindly be pleased to quash the impugned 'Charge' dated 03-04-2025 framed in case titled as 'The State of U.P. versus Abhinav Omar', Sessions Trial No. 2685 / 2024, arising out of FIR/Crime No. 35 / 2024, U/s 376 / 323 / 506 I.P.C., relating to P.S. - Mahila Thana, Lucknow, pending before the Court of Additional Sessions Judge / F.T.C.-I, Lucknow. IT IS FURTHER PRAYED that the impugned Cognizance Order dated 03-10-2024, passed by the Court of Civil Judge (J.D.) / FTC, Lucknow may kindly be ordered to be quashed. " Learned AGA has raised a preliminary objection regarding the maintainability of the present application as the applicant have a statutory alternative remedy to file a revision under Section 397 Cr.P.c./438 B.N.S.S. In this regard, he placed reliance upon a judgment of Hon'ble Supreme Court in the case of Madhu Limaye v. State of Maharashtra, (1977) 4 SCC 551. Reliance has also been placed upon the judgments of this Court as well in the cases of Shailendra Agrawal and another Vs. State of U.P. and another (Application U/s 482 No. 24354 of 2023), judgment and order dated 17.08.2023, Nitin Tiwari and Ors. Vs. State of U.P. And others, 2024 (1) ADJ 885 and Ram Shanker Singh Vs. State of U.P. and others 2017 (6) ALJ 680. 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 file a revision. In view of above, the present application is dismissed as not pressed with liberty, as aforesaid. Order Date :- 7.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench