Neutral Citation No. - 2025:AHC:46862 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9944 of 2025 Applicant :- Zubair Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Birendar Singh Rajbhar, Advocate holding brief of Mr. Arvind Kumar Bhardwaj, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Zubair, who is a 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 kindly be pleased to allow the instant application and to quash the impugned Chargesheet dated 25.10.2024 and cognizance order dated 6.12.2024 passed by learned A.C.J. POCSO Act, Varanasi as well as entire proceeding of Special Case No. 1163 of 2024 (State Vs. Mohammad @ Sameer and another), arising out of Case Crime No. 194 of 2024, under sections 64, 74, 352, 351(2) of B.N.S. and Section 3/4 of POCSO Act, Police Station- Lohta, District- Varanasi, pending before the Court of learned Special Judge, POCSO Act-II, Varanasi. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Special Case No. 1163 of 2024 (State Vs. Mohammad @ Sameer and another), arising out of Case Crime No. 194 of 2024, under sections 64, 74, 352, 351(2) of B.N.S. and Section 3/4 of POCSO Act, Police Station- Lohta, District- Varanasi, pending before the Court of learned Special Judge, POCSO Act-II, Varanasi, during the pendency of the present criminal misc. application ( Under Section 482 Cr.P.C.), otherwise the applicant shall suffer an irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the present circumstances of the case." 4. On the matter being taken up, the learned counsel for applicant submits that since there are certain 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cured by filing a supplementary affidavit or an amendment application, therefore, present application be dismissed as withdrawn with liberty to file fresh. 5. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. 6. In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining the photocopies of the same to be kept on record. Order Date :- 3.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad