Neutral Citation No. - 2025:AHC:46336 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9746 of 2025 Applicant :- Ashutosh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Narayan Shukla,Brij Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Brij Raj Singh, learned counsel for the applicant and Shri Pushpraj Singh, learned brief holder for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the judgment and order dated 1.7.2024 passed by Additional Sessions Judge, Court No. 1, Gorakhpur in Criminal Appeal No. 193 of 2023, whereby the appeal, which was filed under Section 341, Cr.P.C., has been allowed and the order dated 26.9.2023 passed by the Chief Judicial Magistrate, Gorakhpur has been set aside, whereby proceeding under Section 340, Cr.P.C. has been initiated. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 3.4.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad