Neutral Citation No. - 2025:AHC:46517 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10585 of 2025 Applicant :- Vishwajeet Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar,Deepesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Sri Deepesh Kumar Ojha, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Vishwajeet Chaudhary, 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 cognizance order dated 06.01.2025 passed by court of Chief Judicial Magistrate, Maharajganj (State VS Vishwajeet), as well as quash Charge sheet No. A526/2024 dated 18.12.2024 in the Case Crime No. 607 of 2024 Under Section 69 B.N.S., Police Station Kotwali, District Maharajganj, and quash the entire proceeding of session trial no. 37 of 2025 (State Vs. Vishwajeet Chaudhary) which is pending before Additional Session District Judge/Fast Track Court Maharajganj. It is further prayed that this Hon'ble Court may be pleased to stay the effect of the cognizance order dated 06.01.2025 passed by court of Chief Judicial Magistrate, Maharajganj (State vs. Vishwajeet), as well as quash Charge sheet No. A526/2024 dated 18.12.2024 in the Case Crime No. 607 of 2024 Under Section 69 B.N.S., Police Station Kotwali, District Maharajganj, and quash the entire proceeding of session trial no. 37 of 2025 (State Vs. Vishwajeet Chaudhary) which is pending before Additional Session District Judge/Fast Track Court Maharajganj, during the pendency of the present Criminal Misc. Application before this Hon'ble Court, otherwise the Applicants shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court be pleased to stay/quash the proceeding of session trial no. 37 of 2025 (State Vs. Vishwajeet Chaudhary) which is pending before Additional Session District Judge/Fast Track Court Maharajganj, during the pendency of the present application before this Hon'ble Court, otherwise the Applicants shall suffer irreparable loss and injury. And/or pass any other and further order as this Hon'ble court may deem fit and proper in light of the facts and circumstances of the present case." 4. At the very outset, the Court raised a pointed query to the learned counsel for applicant as to whether charges have been framed against accused-applicant by court below or not. 5. Learned counsel for applicant fairly submits that charges have been framed against accused-applicant by court below vide framing of charge order dated 10.02.2025. 6. At this juncture, learned AGA submits that in view of above the prayer prayed for by means of present application is misconceived as proceedings against accused applicant are now pending in the Court of Sessions. It is further contended by the learned AGA that since the framing of charge order has not been impugned in present application nor a separate application has been filed before this Court under Section 528 BNSS challenging the framing of charge order, therefore, the prayer prayed for by means of present application is now misconceived as the veracity of the charge- sheet/police report, the cognizance taking order/summoning order cannot be sustained at such a belated stage/advance stage of trial. He further submits that the present application is liable to be dismissed. 7. When confronted with above, the learned counsel for applicant could not overcome the same. 8. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to record. In view of above, no good ground exists to entertain the present application. 9. As a result, the present application fails and is liable to be dismissed. 10. It is, accordingly, dismissed. Order Date :- 3.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad