Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5216 of 2025 Applicant :- Shashi Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey,P.K. Singh,Ram Milan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ram Milan Dwivedi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Shashi Maurya, who is a charge sheeted accused, 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 allow the instant application of the applicant and be pleased to quash the entire proceeding of the Session Trial No.557/2024, arising out of Case Crime No.108/2024, Under Section-302 IPC, Police Station-Chandauli, District-Chandauli, as well as impugned Order dated 24.09.2024, framing of Charge, Under Section-302 IPC, passed by learned Session Judge, Chandauli, presently pending in the Court of learned Special Judge (SC/ST Act), Chandauli and other process issued against her. It is, further prayed that this Hon'ble Court may be pleased to stay the further proceeding of the Session Trial No.557/2024, arising out of Case Crime No.108/2024, Under Section-302 IPC, Police Station-Chandauli, District-Chandauli, presently pending in the Court of learned Special Judge (SC/ST Act), Chandauli as well as pleased to stay the operation and execution of the impugned Order dated 24.09.2024, framing of Charge, Under Section-302 IPC, passed by learned Session Judge, Chandauli. Otherwise, it can cause irreparable loss and injury to her. And/Or-pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that since copy of the charge sheet/police in terms of Section 173(2) Cr.P.C. submitted by Investigating Officer has not been appended alongwith present application, therefore, the prosecution witnesses nominated in the charge sheet cannot be ascertained. He further submits that statements of such witnesses as recorded under Section 161 Cr.P.C. has not been brought on record, nor a categorical averments to that effect has been made in the affidavit filed in support of present application. Referring to the judgment of Supreme Court in Kaptan Singh Vs. State of U.P. (2021) 9 SCC 35, the learned A.G.A. thus submits that in the absence of material collected by Investigating Officer during course of investigation, the veracity of the framing of charge order passed by Court below in exercise of jurisdiction under Section 228 Cr.P.C. cannot be examined by this Court. As such, present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are 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. As such, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 19.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad