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2025 DAILYLAW 36845 (ALL)

NISHANT ALIAS PRASHANT v. STATE OF U.P. AND 3 OTHERS

NA528/11074/2025 · 2025-05-12

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78454 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11074 of 2025 Applicant :- Nishant Alias Prashant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- Amit Rana,G.A. Hon'ble Rajeev Misra,J. Heard Mr. Prashant Sharma, the learned counsel for applicant, the learned A.G.A. for State opposite party 1 and Mr. Amit Rana, the learned counsel representing first informant opposite party 2. Perused the record. Applicant Nishant Alias Prashant, who is a named as well as charge sheeted accused and is facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is therefore Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application, and further be pleased to quash the impugned charge sheet dated 29.11.2024 alongwith cognizance/ summoning order dated 9.1.2025 passed by Additional District & Sessions Judge/ Special Judge POCSO Act, Ist, Amroha in Special Session Trial No. 07 of 2025, State Vs. Prashant, as well as entire proceedings of Special Session Trial No. 07 of 2025, State Vs. Prashant, arising out of case crime the court of Additional District & Sessions Judge/ Special Judge POCSO Act, Ist, Amroha. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings of Special Session Trial No. 07 of 2025, State Vs. Prashant, arising out of case crime No. 536 of 2024, under sections 137 (2), 64 B.N.S. and 3/4 of the Protection of Children from Sexual Offences, Act, 2012, Police Station Naugawawan Sadat, District Amroha, pending in the court of Additional District & Sessions Judge/ Special Judge POCSO Act, Ist, Amroha, during the pendency of the present case before this Hon'ble Court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." After some arguments, the learned counsel for applicant fairly submits that since there are inherent mistakes in this application, which cannot be cured by filing an amendment application or a supplementary affidavit, therefore, present application be dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief. Learned A.G.A. representing State opposite party 1 and Mr. Vikrant Rana, the learned counsel representing first informant opposite party 2 have no objection to the prayer made by the learned counsel for applicant. In view of above, this application is, accordingly, dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 13.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad