Neutral Citation No. - 2025:AHC:136786 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 18643 of 2025 Applicant :- Arti Gautam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Tiwari,Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2.Heard S/Sri Gaurav Tiwari,Ramesh Kumar, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 3. The present application under Section 528 of B.N.S.S. has been filed by the applicant with the following prayer: " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and direct the trial court at Agra to reconsider the case diary and take cognizance in Case No. 101 of 2022 (State Vs. Pranshu Pandey and others) under Section 376 I.P.C. along with the other Sections pursuant to the Case Crime No.0101 of 2022 under Sections 3(2)(v) of SC/ST Act, 376, 504, 506 I.P.C. and 3(2)(va), 3(1)(da) and 3(1)(dha) of SC/ST Act, Police Station Sikandra, District Agra." 4. The application has been moved by the prosecutrix claiming fault in the investigation and erroneous cognizance, whereby the provisions of Sections of SC/ST Act and 376 I.P.C. were wiped out in the charge-sheet and ignored while taking cognizance. The grievance of the applicant is such that the cognizance has been taken by the Magistrate by order dated 25.01.2023, but the charge has not been framed so far. 5. The petition is withdrawn by the applicant. A liberty is granted to the applicant to argue on the point of framing of charges in SC/ST Act and 376 I.P.C. 6. If the trial court concerned is of the view that there is sufficient material on record on the basis of which charges under Section 376 I.P.C. and under the provisions of SC/ST Act could be framed, then the court concerned may pass appropriate order in this regard. 7. With the above observations, the instant application is disposed of. Order Date :- 12.8.2025/MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad