Neutral Citation No. - 2025:AHC:46638 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9776 of 2025 Applicant :- Shashilata Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tiwari,Prabhat Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Manish Tiwari, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. Perused the record. Applicant Shashilata Nishad, who is first informant has 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 this application and direct the learned Additional District Judge/F.T.C. 1st, Gorakhpur to decide the S.T. No. 1916 of 2022, State Versus Rampal Yadav, arising out of Case Crime No. 312 of 2021, under Sections 376, 323, 504, 506, Police Station Ramgarh Tal, District Gorakhpur within stipulated period otherwise, the applicant shall suffer an irreparable loss and injury and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case" At the very outset, the learned A.G.A. has raised a preliminary objection that as per the charge sheet/police report dated 19.9.2021, three persons namely, Ram Pal Yadav, Ram Raj Yadav and Shitla Yadav have been charge sheeted. However, out of the aforesaid charge sheeted accused only one Ram Pal Yadav has been impleaded. He, therefore submits that present application suffers from the vice of non joinder of necessary and proper parties. As such, present application is not maintainable and therefore, liable to be dismissed. When confronted with above, the learned counsel for applicant submits that he be permitted to withdraw the present application with liberty to file fresh giving better particulars and proper relief. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. In view of above, this application is dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 3.4.2025/Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad