HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5805 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. This petition under Article 227 of the Constitution of India has been filed seeking following main relief(s):- "a) Issue an order or Direction in the appropriate nature commanding the Learned Court below (i.e. Additional Chief Judicial Magistrate -Vth) to decide the Misc. Application No. 5182/23 (u/s 340 Cr.P.C.); Mustafa Husain Versus Smt.Itrat Menhadi and others expeditiously within a fixed time-frame, preferably within 2 months." 3. Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 529 of the B.N.S.S., 2023. 4. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law. 5. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. 6. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. October 7, 2025 Arun/- Versus Counsel for Petitioner(s) : Ram Prakash Pandey Counsel for Respondent(s) : G.A. (Saurabh Lavania,J.) Mustafa Husain Alias Firoz .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench