Neutral Citation No. - 2025:AHC:71258 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14380 of 2025 Applicant :- Harendra Khangar And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Singh Parmar,Virendra Singh Parmar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Virendra Singh Parmar, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Harendra Khangar And 2 Others, who are charge sheeted accused, have 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 this application, further be pleased to cognizance/ summoning order and quash the impugned dated 24.3.2025 passed by learned Additional Sessions Judge/ Special Judge, Hamirpur in Session Case No. District & POCSO Act, 271 of 2025 State Vs. Harendra Khangar and others, as well as entire proceedings of Session Case No. 271 of 2025 State Vs. Harendra Khangar and others, arising out of case crime No. 48 of 2017, Under Sections 341, 376, 323, 506, 120B I.P.C. and section 3 (2) (v) S.C./S.T. Act, and section 4 of The Protection of Children From Sexual Offences Act, Police Station Jalalpur District Hamirpur pending in the court of Additional District & Sessions Judge/ Special Judge, POCSO Act, Hamirpur. It is further prayed that Hon'ble Court may be pleased to stay this the further the proceedings of Session Case No. 271 of 2025 State Vs. Harendra Khangar and others, arising out of case crime No. 48 of 2017, Under Sections 341, 376, 323, 506, 120B I.P.C. and section 3 (2) (v) S.C./S.T. Act, and section 4 of The Protection of Children From Sexual Offences Act, Police Station Jalalpur, District Hamirpur pending in the court of Additional District & Sessions Judge/ Special Judge, POCSO Act, Hamirpur, during pendency of the present case before this Hon'ble Court. It is further prayed that this Hon'ble Court may be pleased to direct the court below to accept the bail bonds of added Sections 341, 376, 323, 506 I.P.C. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case" 4. On the matter being taken up, the learned A.G.A. submits that notice of this application under Section 528 BNSS. has been served upon first informant/opposite party-2 on 25.04.2025. However, in spite of service of notice, neither any counter affidavit has been filed by first informant/opposite party-2 in opposition to this application nor anyone has put in appearance on his behalf to oppose this application even in revised call. 5. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that since the charge sheet/police report submitted by the Investigating Officer in terms of Section 173 (2) Cr.P.C. has not impugned in present application therefore present application is directed against the consequential order/consequential proceedings. It is by now well settled that no application under Section 528 BNSS lies against consequential order/consequential proceedings. On the above premise, the learned A.G.A. thus submits that present application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicants fairly submits that he be permitted to amend the prayer clause of this application by seeking a challenge to the charge sheet submitted by the Investigating Officer. 7. Prayer made by the learned counsel for applicants is bonafide. Same is not opposed by the learned A..G.A. 8. Accordingly, it is allowed. 9. Learned counsel for applicant is permitted to amend the prayer clause of this application by seeking a challenge to the charge sheet/police report submitted by the Investigating Officer. 10. It is then submitted by the learned A.G.A. that since the material collected by the Investigating Officer and relied upon in the cahrge sheet has not been brought on record i.e. statement under Section 161 Cr.P.C. of the prosecution witnesses nominated in the charge sheet as well as the other material relied upon by the Investigating Officer has neither been detailed nor appended alongwith the application. He therefore submits that in view of the law laid down by Apex Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35, no interference is warranted by this Court in present application as the Apex Court in aforementioned judgement has itself held that in the absence of the material collected by the Investigating Officer during course of investigation and relied upon in the charge sheet, the veracity of the proceedings pending against an accused before court below cannot be examined. As such, present application under Section 528 BNSS is liable to be dismissed. 10. When confronted with above, the learned counsel for applicants submits that he does not wish to press the prayer made in the application. However, liberty be granted to applicants to approach court below and apply for bail. 11. Learned A.G.A. does not oppose the prayer made by the learned counsel for applicants. 12. In view of above, without entering into the merits of this application, the present application is disposed of finally with liberty to applicants to approach court below and apply for bail. In case such a bail application is filed by applicants, the court below shall decided the same in accordance with law expeditiously. Order Date :- 5.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad