Neutral Citation No. - 2025:AHC:88338 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 12521 of 2025 Applicant :- Vivek Kumar Dubey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A.,Man Mohan Mishra Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate representing the State, Mr. Man Mohan Mishra, learned counsel appearing on behalf of opposite party no. 2 through video conferencing and perused the materials available on record. 2-By means of this application under sections 528 BNSS, the applicant has invoked the inherent jurisdiction of this Court for quashing the summoning order dated 22.10.2024 and entire proceedings of Complaint Case No. 2064 of 2023 (Rangnath Mishra vs. Vivek Kumar and Others), under Sections 500 and 120-B I.P.C., Police Station Aurai, District Bhadohi pending in the court of learned Additional Chief Judicial Magistrate, Bhadohi-Gyanpur. 3-On 20.05.2025, this Court has passed the following order:- "After advancing some arguments and putting certain queries, learned counsel for the applicants submits that the applicants do not want to press the relief as sought for by means of this application and prays that the applicants may be granted some protection to enable him to appear before the concerned court and to apply for bail. Learned counsel for the applicants prays for and is allowed two days' time to file an application with regard to his submission. Let this matter be listed on 23.05.2025 as fresh." 4-Pursuant to order of this Court dated 20.05.2025, no application has been filed by the applicant to not press the relief as sought for by means of this application, instead it is pointed out by learned counsel for the applicant that during this period, the applicants have applied for regular bail and have been granted bail by the trial court. 5-On the strength of aforesaid submission, learned counsel for the applicant further submits that since the applicants are already on bail in this case, therefore, they may be permitted to move a discharge application before the court concerned raising their objection. Learned counsel for the applicants also submitted that he is not pressing any further relief as claimed by applicants by means of this application. 6-Learned A.G.A. for the State of U.P. and learned counsel for the opposite party no. 2 submit that in case the applicants are not pressing the relief as sought for by them on merits and want to move discharge application, he has no objection. 7-Accordingly the relief as sought by the applicants in the instant application is refused. 8-In view of the above, considering the request of the applicants, it is directed that in case the discharge application is moved by the applicants before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law. 9-With the aforesaid observation, the application is disposed of. Order Date :- 23.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad