Neutral Citation No. - 2025:AHC:55200 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11090 of 2025 Applicant :- Anand @ Anandpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sunil Kumr Dubey, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant- Anand @ Anandpa who is a charge sheeted accused and is facing trial before court below under section 528 BNSS has approached this Court with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 10.3.2025 passed by learned Additional Sessions Judge, Court No.4, Baghpat in Session Trial No.203 of 2023 (State Vs. Rohit @ Tinku & others), arising out of Case Crime No.235 of 2022, under Section 147, 148, 149, 302 IPC, Police Station Baraut, District Baghpat as well as entire proceeding of Session Trial No.203 of 2023 (State Vs. Rohit @ Tinku & others), arising out of Case Crime No.235 of 2022, under Section 147, 148, 149, 302 IPC, Police Station Baraut, District Baghpat, pending before the learned Additional Sessions Judge, Court No.4, Baghpat, to secure the ends of justice. It is further most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the impugned order dated 10.3.2025 passed by learned Additional Sessions Judge, Court No.4, Baghpat in Session Trial No.203 of 2023 (State Vs. Rohit @ Tinku & others), arising out of Case Crime No.235 of 2022, under Section 147, 148, 149, 302 IPC, Police Station Baraut, District Baghpat as well as entire proceeding of Session Trial No.203 of 2023 (State Vs. Rohit @ Tinku & others), arising out of Case Crime No.235 of 2022, under Section 147, 148, 149, 302 IPC, Police Station Baraut, District Baghpat, pending before the learned Additional Sessions Judge, Court No.4, Baghpat, and or to pass such further and other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to secure the ends of justice. At the very outset, the learned A.G.A. raised a preliminary objection by contending that though the veracity of the order passed by Court below rejecting the discharge application filed by applicant in terms of Section 227 Cr.P.C/250 BNSS, has been challenged by means of present application however, the statement of the witnesses nominated in the charge sheet have not beeen brought on record. There is no recital in the entire affidavit accompanying the present application as to what other material was collected by Investigating Offficer on the basis of which he came to the conclusion that prima facie the complicity of applicant in the crime in question is established. As such this Court cannot return a finding as to whether on the basis of papers accompanying the police report in terms of Section 173(2) Cr.P.C. no offence is made out against applicant or as per the said papers, no evidence has emerged against applicant. Without recording any finding on either of the issue, the discharge prayed for by applicant cannot be examined by this Court. As such, in the absence of relevant papers, this Court is handicapped either way. In view of above and by reason of the law laid down by Supreme Court in Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580, no interference is warranted by this Court in present application. As such, present application is liable to be dismissed. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to this application is clearly borne out from the record and further the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. As such no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 7.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad