HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39135 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Kamlesh Singh, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the charge sheet no.143A of 2013 dated 28.08.2016 as well as entire proceeding of Case No.10137 of 2012 (State Vs. Ram Preet and others), under Sections 363, 366, 506, 376D, 342, 323, 504 I.P.C., Police Station Khorabar, District Gorakhpur as well as cognizance dated 08.09.2017 passed by Additional Chief Judicial Magistrate-1, Gorakhpur. 3. Learned counsel for the applicant submits that the present application under Section 528 B.N.S.S. has been moved by the accused-applicant after 12 years from the date of submission of charge sheet. The argument of the learned counsel for the applicant is confined to seeking of protection to appear before the trial court, as the accused is apprehending arrest in the matter, who was not knowing about the pendency of the trial and got the processes at a later date. 4. Learned AGA accepts the notice for the State. 5. There is no point of issuing notice upon opposite party no.2. 6. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the NBW recall application or bail application as the case may be. Versus Counsel for Applicant(s) : Kamlesh Singh Counsel for Opposite Party(s) : G.A. Divigvijay Bharti .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. The applicant may not be arrested for 30 days from today during which period the applicant may move appropriate application before the trial court. 8. Request is made to the trial court to consider that the accused was granted protection during the investigation and was not aware of the pendency of trial. The trial court further to consider the reason for his absence and pass an order sympathetically, considering that the applicant on being aware of the case appear before the court to face trial. 9. The application under Section 528 B.N.S.S. is accordingly disposed of. October 15, 2025 Shivangi NA528 No. 39135 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad