Neutral Citation No. - 2025:AHC:60244 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4262 of 2025 Applicant :- Ashok Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Hon'ble Rajeev Misra,J. 1. Heard Mr. Suresh Dhar Dwivedi, the learned counsel for applicant, the learned AGA for State-opposite party-1 and Mr. Komal Prasad Maurya, Advocate who has put in appearance on behalf of first informant-opposite party-2. 2. Learned counsel representing first informant-opposite party-2 submits that he has already filed his 'Vakalatnama' in the Registry, however, the same is not on record. 3. Office is directed to trace out the same and place it on record. 4. Applicants- Ashok Kumar and another, who are charge-sheeted accused and have now been summoned by 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 quash/ set aside entire proceedings including the impugned charge sheet dated 28.10.1024 against the applicants as well as order dated 07.12.2024 passed by cognizance learned Additional Chief Judicial Magistrate-IIIrd, Court No.15, Shahjahanpur in Criminal Case No.4354 of 2024 (State Vs. Ashok Kumar and another) arising out of Case crime No.331 of 2024, Under sections 64(1), 351(2), 3(5), 115 (2) B.N.S. Police Station Katra, District Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate, IIIrd, Shahjahanpur. It is further prayed that this Hon'ble court may graciously be pleased to stay the proceeding in Criminal Case No.4354 of 2024 (State Vs. Ashok Kumar and another) arising out of Case crime No.331 of 2024, Under sections 64 (1), 351(2), 3(5), 115 (2) B.N.S. Police Station Katra, District Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate, IIIrd, Shahjahanpur. And/or pass such other and further order which this Hon'ble court may deem fit and proper under the present facts and circumstances of the case, otherwise the applicants shall suffer an irreparable loss and injury." 5. At the very outset, the learned AGA submits that applicant -2 is a minor and his matter has already been referred to the concerned Juvenile Justice Board by the investigating officer as is evident from the recital occurring in the charge-sheet which is at page-73 of the paper book. On the above premise, the learned AGA contends that the present application suffers from the vice of joinder of unnecessary and improper party. As such the present application is liable to be dismissed. 6. When confronted with above, learned counsel for applicant submits that this application be dismissed as withdrawn with liberty to file fresh giving better particulars, details and proper relief. 7. Prayer made by learned counsel for applicant is not opposed by the learned AGA. 8. Accordingly, it is allowed. 9. In view of above, this application is accordingly dismissed as withdrawn with aforesaid liberty. 10. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicants after obtaining photocopies of the same to be kept on record. Order Date :- 22.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad