Neutral Citation No. - 2025:AHC:46815 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10693 of 2025 Applicant :- Raj Mahendra Alias Saju Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kundan Kumar,Shivendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Sri Kundan Kumar, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Raj Mahendra Alias Saju, who is a charge-sheeted accused and facing trial 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 quash the entire proceeding of Session Case No.1293 of 2023, (State Vs. Raj Mahendra alias Saju) arising out of Case Crime No.0155 of 2023, registered under Section 328, 376(2)(da), 506 I.P.C. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(V) of SC/ST Act, Police Station Babugarh, District Hapur as well as quash the impugned summoning order dated 08.11.2023 passed by learned Additional District & Sessions Judge/Special Judge, POCSO Act, District Hapur. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Session Case No.1293 of 2023, (State Vs. Raj Mahendra alias Saju) arising out of Case Crime No.0155 of 2023, registered under Section 328, 376(2)(da), 506 1.P.C. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2) (V) of SC/ST Act, Police Station Babugarh, District Hapur as well as stayed the effect and operation of the impugned summoning order dated 08.11.2023 passed by learned Additional District & Sessions Judge/Special Judge, POCSO Act, District Hapur in Session Case No.1293 of 2023, (State Vs. Raj Mahendra alias Saju) arising out of Case Crime No.0155 of 2023, registered under Section 328, 376(2)(da), 506 I.P.C. and Section 5L/6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2) (V) of SC/ST Act, Police Station Babugarh, District Hapur, during the pendency of present application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury, and/or pass such other and further orders which this Hon'ble Court may deem fit and proper to protect the interest of the applicants in the facts and circumstances of the present case." 4. At the very outset, learned AGA for State-opposite party-1 has raised a preliminary objection regarding maintainability of this application. Learned AGA invited attention of this Court to order sheet of the Session Trial pending against applicant before court below. The relevant portion is at page 110 of the paper book. 5. With reference to above, the learned AGA submits that since applicant has himself moved a discharge application before court below which is pending, therefore, the present application is misconceived. 6. When confronted with above, learned counsel for applicant fairly submits that this application be dismissed as withdrawn with liberty to file fresh at appropriate stage with better particulars, details and proper relief. 7. Prayer made by learned counsel for applicant is not opposed by the learned AGA. 8. Accordingly, it is allowed. 9. In view of above, this application is accordingly dismissed as withdrawn with aforesaid liberty. 10. Certified copies of the documents annexed with the application shall be returned to the learned counsel for applicant after obtaining the photocopies of the same to be kept on record. Order Date :- 3.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad