Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9358 of 2025 Applicant :- Parvendra Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Dhirendra Pratap Singh, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Perused the record. Applicant-Parvendra Kumar Verma who is charge sheeted accused and summoned by Court below to face trial, 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 the application and quash the Charge sheet dated 21.11.2024 and cognizance as well as summoning order dated 04.12.2024 passed by Chief Judicial Magistrate Gorakhpur in case no. 31 of 2025 (State Vs. Constable Parvendra Kumar Verma) arising out of Case Crime No. 449 of 2024, U/s 376, 504, 506 I.P.C. Police Station-Cantt., District Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur. It is also prayed that this Hon'ble Court may also be pleased to stay the further proceeding of case no. 31 of 2025 (State Vs. Constable Parvendra Kumar Verma) arising out of Case Crime No. 449 of 2024, U/s 376, 504, 506 I.P.C. Police Station- Cantt., District Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur and/or grant such other and further relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." At the very outset, the Court raised a pointed query, as to whether the statement of witnesses recorded under section 161 Cr.P.C. and nominated as prosecution witness in the charge sheet have been brought on record or not. Learned counsel for applicant fairly submits that the statements have not been brought on record. In view of above and also the law laid down by Apex Court in the case of Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580, this Court cannot examine the veracity of the criminal proceedings pending before Court below in the absence of the material collected by Investigating Officer during course of investigation. As a result, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 24.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad