Neutral Citation No. - 2025:AHC:25710 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5123 of 2025 Applicant :- Mohd Hamza Ahmad Alias Hamza Qureshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohammad Arshad Khan, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Mohd Hamza Ahmad Alias Hamza Qureshi, who is a charge sheeted accused has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It prayed 18, that graciously be therefore, this Most Hon'ble pleased to Respectfully Court allow mey this application and quash the entire proceeding of Case No. 281 of 2025 State Versus Hamza and others in Case Crime No. 151 of 2024 Under Section 103(1), 3, 352 The Bharatiya Nayay Sanhita, 2023 Police Station Hafizpur District Hapur pending in the Court of Chief Judicial Magistrate Hapur and this Hon'ble Court also be pleased to quash the Cognizance Order dated 20.01.2025 passed by the Learned Chief Judicial Magistrate Hapur and this Hon'ble Court also be pleased to quash the entire proceeding of Charge-Shest dated 20.12.2024 submitted by the Investigating Officer of the case in Case Crime No. 151 of 2024 Under Section 103(1), 3, 352 The Bharatiya Nayay Sanhita, 2023 Police Station Hafizpur District Hapur, otherwise the applicant will suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may kindly be pleased to Stay the further proceeding of Case No. 281 of 2025 State Versus Hamza and others in Case Crime No. 151 of 2024 Under Section 103(1), 3, 352 The Bharatiya Nayay Sanhita, 2023 Police Station Hafizpur District Hapur pending in the Court of Chief Judicial Magistrate Hapur and this Hon'ble Court also be pleased to stay the Cognizance Order dated 20.01.2025 passed by the Learned Chief Judicial Magistrate Hapur and this Hon'ble Court also be pleased to stay the further proceeding of Charge-Sheet dated 20.12.2024 submitted by the Investigating Officer of the case in Case Crime No. 151 of 2024 Under Section 103(1) २ 352 The Bharatiya Nayay Sanhita, 2023 Police Station Hafizpur District Hapur, and or/pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection regarding maintainability of this application. Learned A.G.A. submits that since applicant has not yet been summoned by Court below, therefore, by virtue of the law laid down by full Bench of this Court in Father Thomas Vs. State of U.P. & Anr. 2010 SCC Online All 2710, wherein, it has been held that an accused has no right to be head till he has been summoned, present application is misconceived and therefore, liable to be dismissed. 5. When confronted with above, the learned counsel for applicant fairly submits that present application be dismissed as withdrawn with liberty to file a fresh at appropriate stage. 6. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. In view of above, the present application is, accordingly, dismissed as withdrawn, with liberty aforesaid. 8. Interim order, if any, stands vacated. 9. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 19.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad