Neutral Citation No. - 2025:AHC:28278 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3507 of 2025 Applicant :- Kishor Singh Chandel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ram Raksha Tiwari, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 528 BNSS for quashing of the entire criminal proceeding against the Charge Sheet dated 15.7.2008 and cognizance order dated 28.1.2009 passed by Special Judge (Dakauti Affected Area) Act, Banda in Special Trial No. 30 of 2009 (State of U.P. Vs. Kishor Singh Chandel) arising out of Case Crime No. 236 of 2008, under Sections 386, 500, 504, 506 I.P.C., Police Station Kotwali Nagar, District Banda pending in the court of Special Judge (Dakauti Affected Area) Act, Banda. 3. Learned counsel for the applicant submits that a first information report stood lodged being Case Crime No.236 of 2008, under Sections 386, 500, 504, 506 I.P.C., Police Station Kotwali Nagar, District Banda against the applicant and the applicant filed Criminal Misc. Writ Petition No.6191 of 2008 in which protection was accorded, however, charge sheet has been submitted on 15.7.2008, cognizance has been taken on 28.1.2009 and non-bailable warrant has been issued on 18.1.2013. He further submits that on the basis of the same allegations Case Crime No.180 of 2007, under Sections 384, 307, 123, 504, 506 IPC in which the charge sheet has been submitted and applicant has been enlarged on bail. He also submits that the applicant was innocent and having no knowledge about the said case. 4. Learned AGA has opposed the present application. 5. Having heard the learned counsel for the parties, once the applicant had the knowledge about lodging of the earlier first information report and he had also filed a Criminal Misc. Writ Petition obtained interim order then the excuse of no knowledge is not acceptable particularly when the charge sheet stands submitted on 15.7.2008, cognizance on 28.1.2009, N.B.W. on 18.1.2013, accordingly, this Court declines to interfere in the present proceedings. 6. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. 7. It is open for the applicant to appear before the court below and surrender and to obtain bail in that regard. Order Date :- 28.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad