HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22292 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. By means of this application u/s 528 BNSS, the applicant has prayed for quashing the impugned summoning order dated 13.2.2025 passed by Judicial Magistrate, Faridpur, Bareilly whereby discharge application filed by the applicant in Case No. 199 of 2023, under Sections 420, 414 IPC, P.S. Faridpur, District Bareilly, has been dismissed. 3. Learned counsel for the applicant submits that the said discharge application was moved in pursuance of order dated 9.10.2023 passed in Application u/s 482 No. 33740 of 2023 (Ahmad Hussain @ Kallu vs. State of U.P. and another) wherein it was directed that in case the applicant files an application for discharge before the court below, he same shall be considered and decided expeditiously in accordance with law after hearing to public prosecutor. He next submitted that the trial court has dismissed the discharge application by the impugned order dated 13.2.2025 in perfunctory manner without considering the grounds taken in the application in proper perspective. 4. Per Contra, learned AGA raised preliminary objection with regard to maintainability of the instant application u/s 528 BNSS moved against the impugned order dated 13.2.2025 for dismissal of discharge application. 5. Learned counsel for the applicant, after arguing at length, seeks permission to withdraw the present application with liberty to file revision Versus Counsel for Applicant(s) : Devendra Tiwari Deva Counsel for Opposite Party(s) : G.A. Ahmad Hussain Alias Kallu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the impugned order before the appropriate Court. 6. The application is dismissed as withdrawn with liberty as prayed for. 7. Certified copy of the documents may be returned to counsel for the applicant after retaining its photocopy on record. September 11, 2025 Dhirendra/ NA528 No. 22292 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad