Neutral Citation No. - 2025:AHC:45013 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6463 of 2025 Applicant :- Rifaqat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Irshad Ahmad, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Rifaqat, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNS with the following prayer;- "It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding of Charge sheet dated 26.12.2022 and Cognizance order dated 13.02.2023 (State VS Rifaqat) in Case Crime No. 0372 of 2022, U/S 366, 376 I.P.C, P.S Asmoli, District Sambhal, pending in the court of Additional District and Session Judge, Sambhal at Chandausi. It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding of Charge sheet dated 26.12.2022 and Cognizance order dated 13.02.2023 (State VS Rifaqat) in Case Crime No. 0372 of 2022, U/S 366, 376 I.P.C, P.S Asmoli, District Sambhal, pending in the court of Additional District and Session Judge, Sambhal at Chandausi, during the pendency of the present application before this Hon'ble court. And/or pass such other and further order 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. invited the attention of Court to page 28 of the paper book. On the basis of above, it is submitted by the learned A.G.A. that Jurisdictional Magistrate committed the case to the Court of Sessions. Resultantly, Sessions Trial No. 483 of 2024 (State Vs. Rifaqat), under Sections 366, 376 IPC, Police Station-Asmoli, District-Sambhal came into existence. In view of above, it is thus urged by the learned A.G.A. that prayer prayed by means of present application is wholly misconceived. As such, the present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief. 6. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. Accordingly, it is allowed. 8. In view of above, this application is dismissed as withdrawn with liberty aforesaid. 9. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 1.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad