Neutral Citation No. - 2025:AHC:72912 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14507 of 2025 Applicant :- Yogesh Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sharad Kumar Srivastava, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Perused the record. Applicant- Yogesh Jaiswal, who is a named and charge sheeted accused and has now been sumoned by 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 set-aside the order dated 24.02.2025 in Session Trial No. 1614 of 2024 (State Versus Yogesh Jaiswal) under Section 376, 420, 406, 507 I.P.C., Police Station, Naubasta, District Kanpur Nagar, arising out Case Crime No. 0562 of 2018, Passed by learned Additional Session Judge/F.T.C.- 41, (Crime against women), Kanpur Nagar. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of Session Trial No. 1614 of 2024 (State Versus Yogesh Jaiswal) under Section 376, 420, 406, 507 I.P.C., Police Station, Naubasta, District Kanpur Nagar, arising out Case Crime No. 0562 of 2018, pending in the Court of learned Additional Session Judge/F.T.C.- 41, (Crime against woman), Kanpur Nagar, during the pendency of the present application, otherwise the applicant shall suffer irreparable loss and injury. And/or may pass such other and further order/ direction as this Hon'ble Court may deem fit and proper in the circumstances of the case." It transpires from record that during pendency of aforesaid criminal case, applicant filed discharge application in terms of Section 227 Cr.P.C./250BNSS, seeking discharge in aforesaid criminal case. The copy of discharge application has been brought on record as Annexure-5 to the affidavit filed in support of present application. Court below by means of order impugned rejected the discharge application filed by applicant. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that since the statements recorded under section 161 Cr.P.C. of the witnesses nominated in the charge sheet have not been brought on record and furthermore there is no averment in the entire affidavit with regard to other material collected by Investigating Officer and also relied upon, nor the same has been brought on record, the veracity of the order impugned cannot be examined. Reference in this regard is made to the judgment of Supreme Court in Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580. It is further submitted by the learned A.G.A. that the conclusion drawn by the Court below for rejecting the prayer for discharge prayed for by accused. applicant in aforementioned Sessions Trial is ini confirmity with the law laid down by Apex Court in the case of Tarun Jit Tejpal Vs. State of Goa, (2020) 14 SCC 556. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overdcome 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 the 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. As a result, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 6.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad