Neutral Citation No. - 2025:AHC:48779 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4425 of 2025 Applicant :- Mohd Haneef And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shubham Kumar Dubey, Advocate, holding brief of Mr. S.K. Upadhyay, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Mohd. Haneef and Abdul Majid, who are charge sheeted accused and facing trial before Court below, have approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceedings of the case as well as order dated 18.01.2025 passed by the leered Court of Sessions Judge, Rampur in Case No. 247 of 2024 (State Vs. Mohd. Sadik and others) arising out of case crime no. 247 of 2024 under section 191(2), 191(3), 190, 109, 103, 61 (2), 352 of I.P.C. and Section 7 Criminal Law Amendment Act, Police Station-Azimnagar, District Rampur, pending before the Court of Sessions Judge, Rampur. It is further prayed that this Hon'ble Court may also be pleased to stay the effect and operation of the order dated 18.01.2025 passed by the leered Court of Sessions Judge, Rampur in Case No. 247 of 2024 (State Vs. Mohd. Sadik and others) arising out of case crime no. 247 of 2024 under section 191(2), 191(3), 190, 109, 103, 61(2), 352 of I.P.C. and Section 7 Criminal Law Amendment Act, Police Station-Azimnagar, District- Rampur, pending before the Court of pendency Sessions Judge, Rampur, during the instant case before this of Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury and/or this Hon'ble Court may be pleased to pass any other suitable order or direction which it may deem fit under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that first informant, who is a necessary and proper party in this application, has not been impleaded as party respondent. As such, present application suffers from the vice of non-joinder of necessary and proper party. It is next contended by the learned A.G.A. that in the entire affidavit filed in support of this application, there is no pleading that permission of the Court was obtained in terms of Section 173(8) Cr.P.C. for conducting further investigation. To buttress his submission, the learned A.G.A. has referred to the judgment of Supreme Court in Vinubhai Haribhai Malviya Vs. State of Gujrat, (2019) 17 SC 1. On the above premise, the learned A.G.A. contends that no illegality can be attached to the proceedings impugned in present application. As such, the present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicants fairly submits that he be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief. 6. Prayer made by the learned counsel for applicants is not opposed by the learned A.G.A. 7. Accordingly, it is allowed. 8. In view of above, the present application is dismissed as withdrawn with liberty aforesaid. 9. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicants after obtaining the photo copies of the same to be kept on record. Order Date :- 5.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad