Neutral Citation No. - 2025:AHC:37306 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8371 of 2025 Applicant :- Ram Kumar Patel And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Raj Kumar Kesari, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Ram Kumar Patel And 3 Others, who are 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 kindly be pleased to allow this application and quash/set aside the impugned cognizance order dated 30.08.2019/13.11.2024 passed by the learned Special Judge (POCSO)/Additional District & Sessions Judge, Court No.10, Varanasi as well as the impugned charge sheet dated 21.06.2019 in Session Trial No. 150 of 2019 "State Vs. Ram Kumar Patel and others", arising out of Case Crime No. 523 of 2018, under Sections 363, 366-A, 376-D I.P.C. & Section 3/4 Protection of Children from Sexual Offences Act, Police Station- Cholapur, District- Varanasi as well as the entire proceedings in Session Trial No. 150 of 2019 "State Vs. Ram Kumar Patel and others", pending in the Court of Additional Sessions Judge, Court No.7, Varanasi. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings in Session Trial No. 150 of 2019 "State Vs. Ram Kumar Patel and others", arising out of Case Crime No. 523 of 2018, under Sections 363, 366-A, 376-D 1.P.C. & Section 3/4 Protection of Children from Sexual Offences Act, Police Station Cholapur, District- Varanasi, pending in the Court of Additional Sessions Judge, Court No.7, Varanasi, during pendency of the present application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury. And/or pass such other and further order or direction which this Hon'ble Court may deem fit, just and proper under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. representing State opposite party 1 has raised a preliminary objection by contending that in the charge sheet/police report submitted by Investigating Officer as many as 12 prosecution witnesses have been nominated therein. However, statements of all the prosecution witnesses examined by Investigating Officer under Section 161 Cr.P.C./180 BNSS have not been appended alongwith this application. In absence of above material, which was admittedly collected by the Investigating Officer during course of investigation, the veracity of impugned charge sheet/police report cannot be examined. To lend legal support of his submission, he has referred to the judgement of Supreme Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35. It is thus urged by the learned A.G.A. that in view of above, this application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicants could not over come the same.. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record this court finds that preliminary objection raised by the learned A.G.A. is clearly borne out from the record and further 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. 7. In view of above, present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 17.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad