Neutral Citation No. - 2025:AHC:46633 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9811 of 2025 Applicant :- Kesav And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Mishra,Devendra Kumar,Vaibhav Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Akhilesh Kumar Mishra, the learned counsel for applicant, the learned A.G.A. for State and Mr. Dinesh Kumar Mishra, who has put in appearance on behalf of opposite party-2 by filing his vakalatnama today in Court which is taken on record. Perused the record. At the very outset, the learned A.G.A representing State opposite party-1 has raised a preliminary objection by contending that as per charge sheet/police report dated 8.10.2024, copy of which has been brought on record as Annexure- SA-2 to the affidavit filed in support of present application, 11 prosecution witnesses have been nominated therein. The statement of the some of the witnesses so nominated were recorded under section 161 Cr.P.C. also. However, neither a categorical pleading has been raised with regard to names of the witnesses whose statements were recorded under section 161 Cr.P.C. nor the copies of such statements have been brought on record. In the absence of above, the proceedings pending against applicant cannot be examined. It is then contended by the learned A.G.A. that in order to conclude about the innocence of the applicant, this Court is required to return a finding that that as per papers accompanying the police report there is no evidence against the applicant or as per the said material no evidence is against the applicant. He has then referred to the judgement of Supreme Court in Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580, wherein the Apex Court has observed that in the absence of material collected by Investigating Officer, during course of Investigation the veracity of the criminal proceedings cannot be decided by High Court. On the aforesaid premise, the learned A.G.A. contended that present application is liable to be dismissed. 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 the learned A.G.A. in opposition to this application 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. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 3.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad