Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39008 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8501 of 2025 Applicant :- Juvenile X Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Amarnath Tripathi, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. At the very outset, the learned A.G.A. raised a preliminary objection by contending that the charge sheet/police report submitted by the Investigating Officer in term of Section 173(2) Cr.P.C. has not been impugned in present application. On the above premise, he therefore submits that in the absence of any challenge to the charge sheet/police report, present application is
directed against consequential order. It is by now well settled that no application under section 528 BNSS lies against consequential
order. As such, the present application is not maintainable and therefore, is liable to be dismissed. When confronted with above the learned counsel for applicant fairly submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars, details and proper relief. The learned A.G.A. has no objection to the prayer made by the
learned counsel 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 In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid.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 :- 18.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad