HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27395 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Sanjeev Kumar Yadav, learned counsel for the applicants, Sri Vinay Kumar Singh, learned counsel for the opposite party no. 2 and Sri Pusp Raj Singh, brief holder for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 08.04.2026 passed by Additional Chief Judicial Magistrate, Court No. 1, Gorakhpur in Criminal Case No. 47411 of 2023, arising out of Case Crime No. 179 of 2022, under Sections 506, 376-D of I.P.C., Police Station- Khorabar, District- Gorakhpur, whereby protest petition has been allowed along-with direction of further investigation. Learned counsel for the applicants fairly admits that the present case is prior to the stage of pre-summoning. After some arguments, learned counsel for the applicants does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicants after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty. October 7, 2026 Ishan Versus Counsel for Applicant(s) : Sanjeev Kumar Yadav Counsel for Opposite Party(s) : G.A., Vinay Kumar Singh (Sanjay Kumar Pachori,J.) Ambarish Gupta And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad