Neutral Citation No. - 2025:AHC:38724 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6935 of 2025 Applicant :- Rohit Varshney Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Hari Om Shukla, Advocate, holding brief of Mr. Devesh Kumar Shukla,, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Rohit Varshney, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Session Trial No.230 of 2024 State vs. Rohit Varshney, arising out of Case Crime No.0711 of 2023, under sections 376, 313, 323, 504, 506 I.P.C., Police Station-Banna Devi, District-Aligarh including Charge Sheet dated 10.1.2024 submitted against the applicant under sections 376, 313, 323, 504, 506 I.P.C. as well as Cognizance/summoning order dated 05.02.2024 passed Chief Judicial Magistrate, Aligarh, otherwise the applicant shall suffer irreparable loss and injury. It is, further prayed that this Hon'ble Court may further be pleased to stay the further proceeding of Session Trial No.230 of 2024 State vs. Rohit Varshney, arising out of Case Crime No.0711 of 2023, under sections 376, 313, 323, 504, 506 I.P.C., Police Station-Banna Devi, District-Aligarh pending in the court of Chief Judicial Magistrate, Aligarh during the pendency of instant application before this Hon'ble court so that the justice may be done; otherwise the applicant shall suffer irreparable loss and injury. And / or pass such other and further order as this Hon'ble court may deem fit and proper under the facts and circumstances of the case." After some arguments, the learned counsel for applicant submits that since the there are inherent mistakes in this application, which cannot be cured by filing a supplementary affidavit or an amendment application, therefore, present application be dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid. Interim order, if any, stands vacated. Certified copies of documents appended along with this application shall be returned to learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 18.3.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad