Neutral Citation No. - 2025:AHC-LKO:223 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11790 of 2024 Applicant :- Nitish Kumar Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others Counsel for Applicant :- Dhananjai Kumar Tripathi,Ashutosh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside the impugned judgment and order dated 10.10.2023 passed by the learned Chief Judicial Magistrate, Lucknow in Misc. Case No. 1538/2023 (Nitesh Kumar Dubey Vs. Abhishek Dubey & Another) and order dated 18.09.2024 passed by 3rd Additional Session Judge, Lucknow in criminal revision no.08/2024 (Nitesh Kumar Dubey Vs. State of U.P. & Others) contained with Annexure No.1&2 with this present petition and further be pleased to direct the police of Police Station- Gomatinagar, District-Lucknow to register the FIR against the opposite party no.2&3 and take appropriate action accordance with law." After considering the facts of the case and observations made by the CJM Lucknow in the order impugned dated 10.10.2023 as also in the order impugned dated 18.09.2024 passed by the 3rd Additional Sessions Judge, Lucknow by which the order of the CJM Lucknow dated 10.10.2023 has been affirmed as also the cause of death indicated in the postmortem report and expression 'Investigation' define under Section 2(1)(l) BNSS and as explained by the Hon'ble Apex Court in the case of Kailash Vijayvargiya vs Rajlakshmi Chaudhuri, reported in (2023) SCC OnLine SC 569, on being confronted learned Counsel for the applicant says that the applicant may be permitted to withdraw the present application with liberty to avail the remedy as available under law. To the aforesaid prayer, there is no objection. Accordingly, the application is dismissed as withdrawn with aforesaid liberty. Order Date :- 3.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench