Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6965 of 2025 Applicant :- Ajay Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh Yadav,Rajjan Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajjan Singh Yadav, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Ajay Pal, who is a named as well as 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 this Hon'ble Court may graciously be pleased to allow the present application for quash the impugned charge sheet no. 01 of 2024, dated 30.06.2024, as well as the entire criminal proceedings of S.T. No. 1890 of 2024 in case crime no. 237 of 2024 and as well cognizance order dated 30.07.2024, in the Court of CJM Court, Allahabad, Under 306 I.P.C. Police Station Nawabganj District- Allahabad, and as well as NBW dated 25.10.2024 passed by Learned ADJ court No.19, Allahabad. Pending before the Court of Additional District Judge Court No. 19, Allahabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further criminal proceeding in the abovenoted S.T. No. 1890 of 2024 (State Vs. Ajay Pal) during the pendency of the present case before the Court of Additional District Judge Court No. 19, Allahabad. And or may pass such other and further order or direction as 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. has raised a preliminary objection by contending that present application has been filed challenging the charge sheet dated 30.06.2024 as well as cognizance taking order/summoning order dated 30.07.2024 passed by Court below after an expiry of a period of more than 7 months. As such, the prayer prayed for by means of present applicant to that extent is hopelessly barred by delay/latches. 5. It is then contended by the learned A.G.A. that Court below vide order dated 15.10.2024 had specifically directed that the accused shall ensure that his presence before Court in person on the next date fixed i.e. 25.10.2024. Inspite of above, order dated 15.10.2024 accused applicant did not appear before Court below and filed an exemption application for his appearance. This exemption application filed by accused applicant before Court below was rejected and simultaneously non-bailable warrants were issued against applicant vide order dated 25.10.2024. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. 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 objection raised by the learned A.G.A. in opposition to this application are not only borne out from the record but 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. 8. As a result, the present application fails and is liable to be dismissed on the ground of delay/latches. 9. It is, accordingly, dismissed. Order Date :- 17.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad