Neutral Citation No. - 2025:AHC:74731 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 7623 of 2025 Applicant :- Himanshu Dua And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- Bharat Singh Pal,G.A.,Prashant Kumar Singh Hon'ble Rajeev Misra,J. 1. Heard Mr. J.P. Singh, Advocate holding brief of Mr. Vivek Singh, the learned counsel for applicants, the learned AGA for State-opposite party-1 and Mr. Prashant Kumar Singh, the learned counsel representing first informant/opposite party-2. 2. Perused the record. 3. Applicants- Himanshu Dua and 3 Others, who are named as well as charge-sheeted accused and facing trial before court below, have 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 this application and to quash the Charge sheet dated 03-07-2024 alongwith cognizance order dated 21-09-2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No.3 Ghaziabad as well as entire criminal proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C., Police Station-Nandgram, District-Ghaziabad, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C. Police Station- Nandgram, District-Ghaziabad,pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad, during the pendency of present application before this Hon'ble Court. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under circumstances of the case, otherwise applicants shall suffer irreparable loss and injury." 4. Record shows that the applicants had earlier approached this Court by means of an Application U/S 482 No.40995 of 2024 (Himanshu Dua and 3 Others Vs. State of U.P. and Another). Aforesaid writ petition was dismissed as withdrawn with liberty to file fresh vide order dated 13.02.2025. For ready reference, the same is reproduced hereinbelow: "1. Heard Mr. Vivek Singh, the learned counsel for applicants, the learned A.G.A. for State and Mr. Bharat Singh Pal, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicants-Himanshu Dua And 3 Others, who are charge sheeted accused, have 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 this Hon'ble Court may graciously be pleased to allow this application and to quash the Charge sheet dated 03-07-2024 alongwith cognizance order dated 21-09-2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No.3 Ghaziabad as well as entire criminal proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C., Police Station-Nandgram, District-Ghaziabad, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Case No.60536 of 2024 (State Vs. Himanshu Dua and others) arising out of Case Crime No. 430 of 2024, Under Section 376, 384, 323, 504, 506, 342, 354 I.P.C. Police Station- Nandgram, District-Ghaziabad, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate 3rd Ghaziabad, during the pendency of present application before this Hon'ble Court. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under circumstances of the case, otherwise applicants shall suffer irreparable loss and injury." 4. At the very outset, the learned counsel for applicants fairly submits that he be permitted to withdraw the present application with liberty to file a fresh as there are inherent defects in this application which cannot be cured by filing a supplementary affidavit or an amendment application. 5. Learned A.G.A. and the learned counsel representing first informant opposite party-2 have no objection to the prayer made by the learned counsel for applicants. 6. In view of above, the present application u/s 482 Cr.P.C. is accordingly dismissed as withdrawn with liberty aforementioned. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicants after obtaining photocopies of the same to be kept on record." 5. Mr. Prashant Kumar Singh, the learned counsel representing first informant/opposite party-2 has raised a preliminary objection. He has invited the attention of Court to the description of deponent occurring at page-6 of the paper book and then to the averments made in paragraph-18 of the affidavit filed in support of present application. He submits that the deponent has himself not honestly and clearly disclosed the identity. Aforesaid mistake had crept in the earlier application filed by applicant and primarily on aforementioned defect, the application was dismissed as withdrawn with liberty to file fresh. In spite of above, the present application has been filed without rectifying the aforesaid defect. As such, the present application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, the learned A.G.A. for State, the learned counsel representing first informant- opposite party-2 and upon perusal of record, this Court finds that the objections raised by the learned counsel representing first informant-opposite party-2 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 applicants with reference to 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. 9. It is, accordingly, dismissed. Order Date :- 8.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad