Neutral Citation No. - 2025:AHC:128327 HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.19) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 19163 of 2025 Applicant :- Amit Saroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Bharti Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. On 10.6.2025 a coordinate Bench of this Court has passed the following order: "1. Mr.Deepak Gaur, learned advocate holding the brief, appears on behalf of applicant and submits that the present application under Section 528 BNSS has been moved by the applicant on being aggrieved by order dated 24th September, 2024, passed by Special Court (SC/ST Act), Azamgarh, whereby the application moved under Section 156 (3) Cr.P.C. has been rejected by the court concerned. 2. As the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is invoked, wherein there is specific provision for preferring an appeal against order. As such, the matter is sent to the Registry for proper reporting. 3. List as fresh after reporting." 2. Pursuant to which the office has submitted its report dated 13.6.2025, which reads as under: "In the compliance of Hon'ble High Court order dated 10.6.2025, it is humbly submitted that order dated 24.9.2024 passed by Special Court SC/ST Act; Azamgarh. Instant application may be file under provision of 14-A(1) SC/ST (P.A.) Act, 1989. Office is highly regretted inconvenience caused to Hon'ble Court." 3. In view of the aforesaid, learned counsel for the applicant seeks to withdraw the application with liberty to file an appeal under the provisions of SC/ST Act. 4. Accordingly, the instant application is dismissed as withdrawn with liberty, as prayed. The period of limitation shall be counted after excluding the period spent during the pendency of the instant application. 5. Office is directed to return the certified copies of the documents filed alongwith the instant application to the learned counsel for the applicant after keeping the photo copies of the same on record. Order Date :- 31.7.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad