Neutral Citation No. - 2025:AHC:37291 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6278 of 2025 Applicant :- Vimal Saini Opposite Party :- State of U.P. and Another Hon'ble Rajeev Misra,J. 1. Heard Mr. Raghuvansh Chandra, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Vimal Saini, who is a charge sheeted accused and 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 the Hon'ble Court may graciously be pleased to quash the Order dated 13-12-2024, passed by Addl. Sessions Judge, Court No.20, District Meerut, in S.T. No.726/2010, State vs Rahil and others, arising out of Case crime no.237/2009, under Sec. 364A,302,201,404,411 IPC, P.S. Civil Lines, District Meerut and application dated 06-12-2024 be allowed or may pass such other and further order as the Hon'ble Court may deem fit and proper under the circumstances of the case. It is further prayed that pending hearing of the application before the Hon'ble Court, further proceedings of S.T. No.726/2010, State vs Rahil and others, arising out of Case crime no.237/2009, under Sec.364A,302,201,404,411 IPC, P.S. Civil Lines, District Meerut pending in the court of Addl. Sessions Judge, Court No.20, District Meerut, be stayed." 4. At the very outset, the learned A.G.A. submits that during pendency of trial, accused-applicant filed an application dated 06.12.2024 before Court below praying therein that the recoveries made by the Investigating Officer during course of investigation, be summoned so as to enable the accused-applicant to cross examine the Investigating Officer with reference to the material alleged to have been recovered on the pointing of/from the person of applicant. Learned A.G.A. submits that in view of the findings returned by Court below that the recording of the deposition of PW-14 before Court below is continuing for more than 8 years and also the fact that the material exhibits have disappeared, no illegality can be said to have been committed by Court below in rejecting aforementioned application dated 06.12.2024. In view of above/the findings returned by Court below, no effective relief can be granted in favour of applicant with reference to the application dated 06.12.2024. As such, the 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-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to present application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, 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 :- 17.3.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad