Neutral Citation No. - 2025:AHC:78490 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4694 of 2025 Applicant :- Anand @ Monu @ Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Bratendra Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Anand @ Monu @ Chhotu, who is a named as well as charge sheeted accused and is now facing trial before Court below, 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 kindly be pleased to quash the Order dated 27.09.2023 passed by Session Judge, Mainpuri in Session Trial No. 170 of 2023 (State Vs. Anand @ Monu) arising out of Case Crime No. 532 of 2019 under Section 302, 201 & 297 I.P.C. Police Station Kotwali, District Mainpuri by which the discharge application ofhte applicant has been rejected, pending in the court of Session Judge, Mainpuri. It is further prayed that this Hon'ble Court may kindly be pleased to stay Order dated 27.09.2023 passed by Session Judge, Mainpuri in Session Trial No. 170 of 2023 (State Vs. Anand @ Monu) arising out of Case Crime No. 532 of 2019 under Section 302, 201 & 297 I.P.C. Police Station Kotwali, District Mainpuri by which the discharge application ofhte applicant has been rejected, pending in the court of Session Judge, Mainpuri, during the pendency of present application before this Hon'ble Court, otherwise the applicant will suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble court may deem fit and proper in the facts and circumstances of this case." 4. At the very outset, the learned counsel for applicant submits that by means of order impugned dated 27.09.2023 passed by Sessions Judge, Mainpuri in Sessions Trial No. 170 of 2023 (State Vs. Anand @ Monu), arising out Case Crime No. 532 of 2019, under Sections 302, 201, 297 IPC, Police Station-Kotwali, District- Mainpuri, the discharge claimed by accused-applicant in terms of Section 227 Cr.P.C. was negated by Court below. However, subsequent to above order, Court below has also framed charges against accused-applicant vide framing of charge order dated 03.10.2023. However, due to inadvertence, no challenge has been laid to the framing of charge order dated 03.10.2023. He, therefore, submits that in view of above, this application be dismissed as withdrawn with liberty to file fresh giving better particulars, details and proper relief. 5. Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A. 6. Accordingly, it is allowed. 7. In view of above, the present application is, accordingly, dismissed as withdrawn with liberty aforesaid. 8. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining the photo copies of the same to be kept on record. Order Date :- 13.5.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad