HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5985 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed seeking following main relief (s) :- "i. a order or direction quashing the illegal remand issued U/Sec. 309 CrPC by the Special JM CBCID Lucknow without arrest, appearance or custody of petitioner in respect of FIR No.105/2020, PS Gomti Nagar Lucknow by summoning the same from OP No.4. ii. a order or direction to initiate judicial enquiry in the matter to initiate punitive action as per provisions of law against those State officers who failed to discharge their duties rendering confinement of petitioner illegally." Learned A.G.A., at the very outset, raised a preliminary objection stating that for the relief sought the petitioner has a remedy under Section 438 of B.N.S.S., 2023 and under Section 528 of the B.N.S.S., 2023. On being confronted, after taking note of the aforesaid fact, learned counsel for the petitioner states that he may be permitted to withdraw the writ petition with liberty to avail the remedy available. Versus Counsel for Petitioner(s) : Desh Mitra Anand, Prateek Rawat, Utkarsh Anand Counsel for Respondent(s) : G.A. Meera Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 4 Others .....Respondent(s) Accordingly, the writ petition is dismissed as withdrawn with the liberty as prayed for. Office is directed to return the certified copy of the papers, if any, to the learned counsel for the petitioner as per rules. October 9, 2025 ML/- A227 No. 5985 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench