Neutral Citation No. - 2025:AHC:54724 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12252 of 2025 Applicant :- Siddharth Alias Shivam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ram Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Siddharth Alias Shivam, 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 allow the present application and to quash the impugned order dated 04.03.2025 passed by Learned Special Judge (POCSO Act)/Additional Session Judge, Banda in Special Case No. 197/2024 (State Vs. Siddharth @ Shivam and others), arising out of case crime No. 161/2023, Under Section 376 I.P.C. & 5/6 POCSO Act & 3(2)5 SC/ST Act, Police Station Badausa, District Banda and further prayed that this Hon'ble Court may be pleased to discharge the applicant from facing the rigma role of the proceedings of the case, so that justice seems to be done. It is further prayed that further proceeding of Special Case No. 197/2024 (State Vs. Siddharth @ Shivam and others), arising out of case crime No. 161/2023, Under Section 376 I.P.C. & 5/6 POCSO Act & 3(2)5 SC/ST Act, Police Station Badausa, District Banda may be stayed during the pendency of the case; and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that the copy of the charge sheet/police report submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. has not been appended alongwith present application. In absence of above, this Court is handicapped to find out as to on what material, applicant is being prosecuted. Furthermore, the previous statements of the witnesses recorded under Section 161 Cr.P.C. and also nominated in the charge sheet have not been brought on record. In absence of above, no finding can be returned by this Court on the issue as to whether as per material on record, there is no evidence against applicant and whether no offence is made out against applicant. Learned A.G.A. therefore submits that in the aforesaid circumstances, the prohibition issued by the Apex Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35, is squarely attracted. As such, present application under Section 528 BNSS is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant fairly submits that he may be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief. 6. In view of above, this 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 :- 15.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad