HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50573 of 2025 Court No. - 79 HON'BLE MADAN PAL SINGH, J. The instant application has been filed by the applicant challenging the order dated 24-11-2025 passed by the Additional Small Cause Court, Varanasi in Criminal Misc. Case No. 68 of 2024, whereby the application filed by the applicant under Section 340 Cr.P.C. has been rejected. 1. Learned A.G.A. raised a preliminary objection regarding the maintainability of the present application, submitting that against the order impugned herein, the applicant has an alternative remedy of filing an appeal under Section 341 Cr.P.C. 2. In view of the aforesaid preliminary objection, learned counsel for the applicant submits that the applicant may be permitted to withdraw the present application with liberty to avail the alternative remedy available under law. 3. Accordingly, the present application is dismissed as withdrawn with liberty to the applicant to file an appeal under Section 341 Cr.P.C. before the competent court. 4. It is further provided that, in case any such appeal is filed by the applicant, the same shall be heard and decided on 5. Versus Counsel for Applicant(s) : Yogesh Singh Counsel for Opposite Party(s) : G.A. Narvdeshwar Prasad Chaubey .....Applicant(s) State Of U.P. Through Secretary Department Of Home And 6 Others .....Opposite Party(s) its own merits, in accordance with law, without raising any objection regarding delay in filing the appeal. October 5, 2026 pks NA528 No. 50573 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad