HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5728 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suresh Chandra Tiwari, the learned counsel for the petitioner and Smt. Shikha Sinha, the learned A.G.A-I for the State. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of impugned order dated 06.08.2025 passed by the Special Judge (Prevention of Corruption Act-II)/Additional Session Judge, Lucknow in Criminal Revision No. 498 of 2022 under Sections 397, 399 of Cr.P.C (now Section 438 and 440 of B.N.S.S.) as well as the order dated 26.07.2022 passed by the opposite party no.2-Additional Police Commissioner (South/ Prescribed Karyapalak Magistrate), Police Commissionerate, Lucknow in Case No. 03 of 2022 (Smt. Kiran Vs. Sujet Pal and others), under Section 145 Cr.P.C, Police Station- Kakori, District Lucknow. 3. The learned A.G.A-I has raised a preliminary objection that the petitioner should challenge the validity of the aforesaid orders under the statutory provision contained under Section 482 Cr.P.C/528 B.N.S.S. and the power of superintendence should not be invoked when the statute give a remedy to the petitioner. 4. Confronted with the aforesaid objection, the learned counsel for the petitioner states that he does not want to press the instant petition and he seeks liberty to file a fresh petition under the appropriate provision. Versus Counsel for Petitioner(s) : Suresh Chandra Tiwari, Shilpi Tiwari Counsel for Respondent(s) : G.A. Kiran Singh .....Petitioner(s) State Of U.P. Thru. Secy. Home U.P. Lko. And 5 Others .....Respondent(s) 5. Accordingly, the instant petition is dismissed as not pressed with the aforesaid liberty. 6. Let the certified copies annexed with the petition be returned to the learned counsel for the petitioner after retaining their photocopies of the same on record. September 23, 2025 Preeti A227 No. 5728 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench