Neutral Citation No. - 2025:AHC:84551 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 16219 of 2025 Applicant :- Ashwani Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amitabh Patel,Hare Ram Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. In re: Criminal Misc. Withdrawal Application No. 2 of 2025 Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. On 08.05.2025 following order was passed by this Court:- "Instant application under Section 528 BNSS, 2023 has been preferred by the applicant with a prayer to quash the impugned charge-sheet dated 22.05.2024 and cognizance/summoning order dated 22.05.2024 and proceedings of Session Case No. 802 of 2024 (State Vs. Ashwini Kumar Pandey) arising out of Case Crime No. 03 of 2024, under Sections 7/13(1)B read with Section 13(2) and Section 12 of Prevention of Corruption Act, 1988, Police Station Anti Corruption Basti, District Basti pending in the court of Additional District Judge/Special Judge (P.C. Act), Court No. 5, Gorakhpur. On the matter being taken up, learned A.G.A. representing the State pointed out that the applicant has already preferred discharge application, which is still pending before the trial Court, hence he cannot avail two remedies simultaneously. In response, learned counsel for the applicant submits that he does not want to press this application, hence he may be allowed to withdraw this application. He prays for and is allowed two days' time to file appropriate application in this regard. Let this matter be listed on 20.05.2025 as fresh." Learned counsel for the applicant submits that pursuant to aforesaid order dated 08.05.2025, the applicant has preferred the instant withdrawal application dated 14.05.2025 with a prayer to dismiss the aforesaid application under Section 528 BNSS, 2023 as withdrawn, which is liable to be allowed. Learned Additional Government Advocate representing the State has no objection to such prayer of learned counsel for the applicant. Accordingly, instant withdrawal application dated 14.05.2025 is allowed. In re : Application under Section 528 B.N.S.S. No. 16219 of 2025 In view of the above order passed in Criminal Misc. Withdrawal Application No. 2 of 2025, the application under Section 528 B.N.S.S. is dismissed as withdrawn/not pressed. Order Date :- 20.5.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad