Neutral Citation No. - 2025:AHC:18068 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 30582 of 2024 Applicant :- Informant Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sanjay Kumar Dubey, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Anil Kumar, the learned counsel representing prospective accused/opposite parties 2 and 3. 2. Perused the record. 3. Applicant, who is the first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 16.08.2024 passed by Additional Sessions Judge/Special Judge (POCSO)-I, Hathras in S.T. No.- 814 of 2024 (State Vs. Akash and Others), Under Section-376-A, 363, 366 IPC and Sections 3/4 POCSO Act, Police Stationo-Sasni, District-Hathras, arising out of Case Crime No. 206 of 2024. It is further prayed that this Hon'ble Court may graciously be pleased to direct the Trial Court to allow the application of applicant bearing Paper No.-15-Kh/1 dated 16.08.2024 and take cognizance against oppoiste party no.-2 and 3, otherwise the applicant shall suffer an irreparable loss and injury." 4. At the very outset, the learned A.G.A. for State and the learned counsel representing opposite parties 2 and 3 have raised a preliminary objection by submitting that since at the time of taking cognizance in terms of Section 190(1)(b) Cr.P.C., upon the police report submitted by the Investigating Officer, under Section 173(2) Cr.P.C., no cognizance was taken by Court below against prospective accused 2 and 3, therefore, no criminal proceedings can be said to be pending against opposite parties 2 and 3. They, therefore, submits that the application filed by applicant to secure arrest of opposite parties 2 and 3, who are prospective accused, was misconceived. As such, no illegality has been committed by Court below in passing the order impugned. 5. When confronted with above, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application. 6. Learned A.G.A. representing State-opposite party-1 and the learned counsel representing opposite parties 2 and 3 have no objection to the prayer made by the learned counsel for applicant. 7. In view of above, this application is, accordingly, dismissed as withdrawn. 8. Interim order, if any, stands vacated. Order Date :- 7.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad