Neutral Citation No. - 2025:AHC-LKO:7305-DB Court No. - 9 Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 22 of 2025 Appellant :- Kuldeep Kumar Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Appellant :- Santosh Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard. This Appeal has been filed under Section 413 of the B.N.S.S. 2023 (Section 372 of the Cr.P.C.) against the acquittal of the private respondents by judgement and order dated 30.11.2024, passed by Additional Sessions Judge, Court No.1, Hardoi, in Sessions Trial Nos.308 of 2013, 539 of 2013, 530 of 2013, 309 of 2013 and 310 of 2013 arising out of Case Crime Nos.808 of 2012, 325 of 2013, 820 of 2012 and 821 of 2012 under Sections 147, 18, 302/149 of the I.P.C. and Section 3/25 of Arms Act, Police Station Baghauli, District Hardoi. A preliminary objection has been raised regarding maintainability of the Appeal as it has been submitted that the appellant is only the brother of the deceased, who was married and had his wife and children as legal heirs and dependents, who alone can be considered as victim defined under Section 2(wa) of the Cr.P.C. In case the widow or children of the deceased have not approached this Court, then the parents of the deceased can approach this Court but not the brother. Learned counsel for the appellant prays that he may be permitted to withdraw this Appeal with liberty to file a fresh Appeal. The Appeal is dismissed as withdrawn with liberty to the counsel for the appellant to file a fresh Appeal in accordance with law. The Registry is directed to return the original papers annexed with this Appeal after retaining a photocopy of the same. Order Date :- 5.2.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench