HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26464 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Mr. Syed Riyaz Askari, learned counsel for applicant and Sri Mohd. Nasir, learned counsel for the opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash judgment and order dated 24.5.2025 passed in Criminal Revision no. Nil of 2025 (Shazad vs. State of U.P.) arising out of Case Crime no. 263 of 2020 under sections 379/411 IPC, PS- Bhopa, District Muzaffarnagar (Criminal Case no. 14304 of 2020) (State vs. Ashu and others) by which the revision filed by informant to frame charges also under Section 411 IPC against opposite party nos. 3 to 4 has been dismissed and order dated 25.4.2025 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 1, Muzaffarnagar has framed charge against opposite party nos. 2 to 4 only under Section 379 IPC and rejected the application/objection of informant dated 30.4.2024 and order dated 4.4.2025 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court no. 1, Muzaffarnagar. 3. At the very outset, learned counsel for applicant made innocuous prayer before the Court that application dated 28.2.2025 preferred at the behest of applicant under Section 65(B) of Evidence Act before learned court concerned is still pending to be decided. Let the application dated 28.2.2025 be decided, since submission made by learned counsel for the applicant is that due to pendency of the same, charges have already been Versus Counsel for Applicant(s) : Syed Faiz Hasnain, Syed Riyaz Askari Counsel for Opposite Party(s) : G.A., Mohd Nasir Shahzad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) framed. 4. Sri Mohd. Nasir, learned counsel for the opposite party no. 2 although opposed the entire submissions extended by learned counsel for applicant but did not disputed, if the direction be issued for deciding the application dated 28.2.2025 preferred at the behest of applicant. 5. Only considering the arguments raised by learned counsel for the parties, let the application dated 28.2.2025 preferred at the behest of applicant under Section 65(B) of Evidence Act, be decided on merits within minimum possible time by learned concerned court. It is made clear, learned counsel for applicant will not seek any unnecessary adjournment and cooperate with learned trial court for expeditious disposal of the application. 6. The instant application u/s 528 BNSS stands disposed of accordingly. October 13, 2025 Shaswat NA528 No. 26464 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad