Neutral Citation No. - 2025:AHC:73837 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14915 of 2025 Applicant :- Mayank Chauhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajit Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Mayank Chauhan And 4 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 the present 528 application by Quashing the Impugned Charge Sheet dated 04.03.2025 as well as the Cognizance Order dated 07.03.2025 and the Entire Proceeding of Case no. 259 of 2025 (State Vs Mayank Chauhan and others), registered as Case Crime no. 0013 of 2025, proceeding U/s 69, 352, 351(2) of B.N.S., P.S. Harduaganj, District Aligarh, pending in the court of Learned Judicial Magistrate Court No. 2, Aligarh. It is further prayed that during the pendency of the present criminal misc. application the further proceeding of the Case no. 259 of 2025 (State Vs Mayank Chauhan and others), registered as Case Crime no. 0013 of 2025, proceeding U/s 69, 352, 351(2) of B.N.S., P.S. Harduaganj, District Aligarh, pending in the court of Learned Judicial Magistrate Court No. 2, Aligarh may kindly be stayed, And/or pass such other or further as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicants will suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in the charge sheet/police report dated 04.03.2025 submitted by the Investigating Officer against accused/applicants as many as 15 prosecution witnesses have been nominated therein. However, the statements under Section 161 Cr.P.C. of aforesaid witnesses recorded by the Investigating Officer during course of investigation have not been brought on record. Furthermore, from perusal of the affidavit filed in support of this application, it transpires that there is no averment with regard to the other material collected by the Investigating Officer and relied upon by the Investigating Officer for submitting the charge sheet. Moreover, the said material has also not been appended alongwith this application. In the absence of same, the veracity of the proceedings pending against applicants before court below cannot be examined by this Court. To buttress his submission, he has relied upon the judgement of Apex Court in Kaptan Singh Vs. State of U.P., (2021) 9 SCC 35. It is thus urged by the learned A.G.A. that present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. 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 under Section 528 BNSS is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 7.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad