Neutral Citation No. - 2025:AHC:46909 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9938 of 2025 Applicant :- Kallu @ Pramod Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishn Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Krishn Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Zubair, who is a charge sheeted accused and has been summoned by 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 graciously be pleased to allow may the present criminal misc. application (U/S 528) of BNSS and quashed the entire criminal proceeding of Case No. 872 of 2024 (State Vs. Pramod @ Kallu) as well as Charge Sheet dated 09.03.2024 submitted by the investigation officer in Case Crime No. 298 of 2023 Under Section 366, 376 I.P.C., Police Station Jalalpur, District Jaunpur as well as cognizance order dated 06.07.2024, pending in the court of learned Additional Judicial Magistrate-I, Court Chief No. 12 Jaunpur. And it is further prayed that Stay the effect and operation of the further proceeding of Case No. 872 of 2024 (State Vs. Pramod @ Kallu) as well as Charge Sheet dated 09.03.2024 submitted by the investigation officer in Case Crime No. 298 of 2023 Under Section 366, 376 I.P.C., Police Station Jalalpur, District Jaunpur as well as cognizance order dated 06.07.2024, pending in the learned Additional court of Chief Judicial Magistrate-I, Court No. 12, otherwise the applicant shall suffer irreparable loss and injury." 4. On the matter being taken up, the learned counsel for applicant submits that since there are certain inherent mistakes in this application (paragraph 10 of the affidavit) which cannot be cured by filing a supplementary affidavit or an amendment application, therefore, present application be dismissed as withdrawn with liberty to file fresh. giving better particulars, details and proper relief. 5. Learned A.G.A representing State-opposite party-1. has no objection to the prayer made by the learned counsel for applicant. 6. In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid. 7. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 3.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad