Neutral Citation No. - 2025:AHC:31915 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7129 of 2025 Applicant :- Rohit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Shyam Murari Upadhyay, the learned counsel for applicant and the the learned A.G.A. for State/opposite party-1. Perused the record. Applicant- Rohit who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: "It is, therefore, most respectfully prayed that the hon'ble court may very kindly be pleased to quash the chargesheet dated: 19/11/24, U/S 376 I.P.C. as well as proceeding of case no. 1979/2025(State Vs Rohit), pending before the learned court of District and Session Judge Muzaffarnagar against the present applicant. It is further prayed that this Hon'ble court may graciously be pleased to stay the proceeding of the case no. 1979/2025(State Vs Rohit), pending before the learned court of District and Session Judge Muzaffarnagar during the pendency of the present application before this Hon'ble court, and or to pass such other and further orders, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case, Otherwise the applicant shall suffer an irreparable loss and injury, which would not be compensated in any manner." At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has not yet been summoned by Court below. The said submission is raised by the learned A.G.A. on the ground that neither the summoning order has been appended along with the present application nor a prayer has been made for quashing the same. Referring to the Full Bench judgement of this Court in Father Thomas Vs. State of U.P. and Others, 2010 SCC Online All 2438, learned A.G.A. submits that an accused has no right to be heard till he has been summoned. He, therefore submits that in view of aforementioned facts present application is misconceived and is liable to be dismissed. When confronted with above, the learned counsel for applicant submits that present application be dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid. 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 :- 5.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad