Neutral Citation No. - 2025:AHC:80693 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 5087 of 2025 Applicant :- Pradeep @ Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Chandra Prakash Pandey, the learned counsel for applicant assisted by Mr. Saurabh Shukla and the learned A.G.A. for State opposite party 1. 2. Perused the record. 3. Applicant Pradeep alias Chotu who is a named as well as charge sheeted accused and facing trial before court below has now 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 quash the cognizance/ summoning order dated 03.09.2024 passed by Special Judge (SC/ST Act) Kannauj along-with quash the proceeding of Session Trial No.947 of 2024 arising out of Case Crime No. 194 of 2024, Under Section 333,64, 115(2), 351(2), 352 B.N.S & Section 3 (2) (V) SC/ST Act as well as charge Sheet No. 185 of 2024 (Dated 15.08.2024) Police Station Thathiya, District Kannauj (State Vs Pradeep Kumar @ Chhotu and others). It is further prayed that this Hon'ble court may kindly be pleased to stay the cognizance/ summoning order dated 03.09.2024 passed by Special Judge (SC/ST Act) Kannauj along-with stay the proceeding of Session Trial No.947 of 2024 arising out of Case Crime No. 194-of 2024, Under Section 333,64, 115(2), 351(2), 352 B.N.S & Section 3 (2) (V) SC/ST Act as well as charge Sheet No. 185 of 2024 (Dated 15.08.2024) Police Station Thathiya, District Kannauj (State Vs Pradeep Kumar @ Chhotu and others), pending in the court of Special Judge (SC/ST Act) Kannauj, during the pendency of the present application before this Hon'ble court, And/or pass such other and further order which this Hon'ble court may deem fit and proper under the facts and circumstances of the case." 4. After some arguments, the learned counsel for applicant fairly submits the trial of the applicant has already commenced before court below and one prosecution witness i.e. P.W. 1 has also deposed before court below. 5. At this juncture learned A.G.A has raised a preliminary objection by contending that in view of aforementioned development that have now taken place the prayer made by means of this application is misconceived. Once the trial of the applicant has commenced before court below then in that eventuality the applicant shall either be acquitted of the charges alleged against him or can be convicted for the offence alleged against him. As such, present application is misconceived at this stage and, therefore, liable to be dismissed. 6. When confronted with above, the learned counsel for applicant could not over come the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 13.5.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad