HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13937 of 2025 Court No. - 89 HON'BLE ANIL KUMAR-X, J. 1. Learned counsel for the petitioner and Shri Ashish Kumar Srivastava, learned counsel for the private respondents, and Shri Devesh Kumar Singh, learned A.G.A. for the State are present. 2. This petition under Article 227 of the Constitution of India has been filed with the following main prayer :- "1. It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and set aside the impugned order dated 21.03.2025 passed by Additional Sessions Jude No.4), Mathura in Criminal Revision No.623 of 2013 (Satyendra Kumar Versus State of UP. and others) and order dated 20.11.2023 passed by Chief Judicial Magistrate, Mathura in Complaint Case No.3019 of 2021 (Satyendra Kumar Versus Madhu Sharma and others), Police Station-Kotwali, District Mathura by way of which the protest petition of the applicant/ revisionist has been rejected. 2. It is further prayed that this Hon'ble court kindly may be please to summon the respondent no.2 to 4 for facing the trial for the offence committed by them according to the complaint Case No.3019 of 2021 (Satyendra Kumar Versus Madhu Sharma and others), Police Station-Kotwali, District-Mathura. And/or pass such other and further orders as this Hon'ble Court may deem fit and proper." 3. A preliminary objection has been raised by learned counsel for the private respondents that this petition is not maintainable as the petitioner had earlier challenged the same impugned orders in Application u/s 528 BNSS No.28915 of 2025, which was dismissed as withdrawn with liberty Versus Counsel for Petitioner(s) : Kuldeep Singh Chahar Counsel for Respondent(s) : Ashish Kumar Srivastava, G.A. Satyendra Kumar .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) to file appropriate application/proceeding before the court concerned. 4. The order dated 7.8.2025 passed in Application u/s 528 BNSS No.28915 of 2025 (Satyendra Kumar vs. State of U.P. & 3 Ors.) is as follows:- "Heard Sri Kuldeep Singh Chahar, learned counsel for applicant and Sri Kamleshwar Singh, learned A.G.A. for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 21.03.2025 passed by learned Additional Sessions Judge, Court No.4, Mathura in Criminal Revision No. 623 of 2023 (Satyendra Kumar Vs. State of U.P. and others), whereby the revisional court has affirmed the order dated 20.11.2023 passed by Chief Judicial Magistrate, Mathura in Complaint Case No.3019 of 2021 (Satyendra Kumar Vs. Madhu Sharma and others), whereby the protest petition has been dismissed. "After some argument, learned counsel for the applicant submits that the present application under Section 528 BNSS may be dismissed as not pressed with liberty to the applicant to file appropriate application/proceeding before the court concerned. In view of the statement of learned counsel for the applicant, the present application 528 BNSS is dismissed as not pressed with liberty to the applicant to file appropriate application/proceeding before the court concerned. Office is directed to return the certified copy of impugned order to learned counsel for the applicant." 5. Therefore, in the light of the order passed by this Court dismissing Application u/s 528 BNSS No.28915 of 2025 filed by the petitioner as withdrawn with liberty to file an file appropriate application/proceeding before the court concerned, this petition is not maintainable. It is, accordingly, dismissed. May 7, 2026 SK A227 No. 13937 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad