Neutral Citation No. - 2025:AHC:48921 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10369 of 2025 Applicant :- Ranjeet Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajan Tripathi, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Anurag Upadhyay, the learned counsel representing first informant/opposite party-2. 2. Perused the record. 3. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that firstly, the first informant has not been impleaded as party respondent in present application. As such, the present application is not maintainable for non-joinder of necessary and proper party. It is then contended by the learned A.G.A. that since no challenge has been made to the police report/charge sheet submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C., therefore present application is directed against consequential proceedings which is otherwise not maintainable and no application under Section 528 BNSS lies against a consequential order/proceedings. As such. present application is liable to be dismissed. 4. When confronted with above, the learned counsel for applicant firstly submits that he be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief. 5. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. and the learned counsel representing first informant/opposite party-2. 6. In view of above, this application is accordingly dismissed as withdrawn with liberty aforesaid. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 5.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad