Neutral Citation No. - 2025:AHC:38966 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8640 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Manoj Kumar Tripathi, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Perused the record. Applicant who is a charge sheeted accused is facing trail 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 this application and to quash the impugned order dated 24.09.2024 passed by Additional Session Judge, Court No. 1, Bijnor in Session Trial No. 63 of 2017 (State Versus Manoj Kumar & Others) under Section 364, 302, 201 IPC, arising out of Case Crime No.807C of 2005, Police Station-Kotwali Shahar, District-Bijnor. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Session Trial No. 63 of 2017 (State Versus Manoj Kumar & Others) under Section 364, 302, 201 IPC, arising out of Case Crime No.807C of 2005, Police Station-Kotwali Shahar, District-Bijnor, pending in the court of Additional Session Judge, Court No.1,Bijnor, during the pendency of the present application, otherwise the applicants shall suffer an irreparable loss and injury. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case." At the very outset, the learned A.G.A. submits that first informant/opposite party-2 had filed an application under section 156(3) Cr.P.C. which was allowed by the Jurisdictional Magistrate, However, the record of aforesaid application was misplaced. On the above premise the learned A.G.A. submits that once the applicant has himself chosen not to challenge the order passed on application under section 156(3) Cr.P.C. then applicant does not have any right to challenge the misc. order passed by Court, accepting the photo copy of the record of the proceedings under section 156(3) Cr.P.C. on the record of aforementioned Sessions Trial. He, therefore, contends that present application is misconceived and is liable to be dismissed. Even otherwise the court below has jurisdiction to direct reconstruction of record. Moreover, the order impugned cannot be said to be illgal or without jurisdiction. Applicant will have every right to contradict the report of the proceedings under section 156(3) Cr.P.C at appropriate Stage. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 18.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad