Neutral Citation No. - 2025:AHC:74923 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 15094 of 2025 Applicant :- Yunish @ Enesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yogesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Yogesh Mishra, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Perused the record. 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 1.5.2022. However inspite of service of notice upon first informant/opposite party-2 neither any counter affidavit has been filed by first informant/opposite party-2 in opposition to this application nor any one has put in appearance on his behalf to oppose this application even in revised call. Applicant- Yunish @ Enesh who is a named as well as charge sheeted accused and has now been summoned 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 pleased to quash/drop the Charge Sheet dated 28.03.2024 Cognizance as well as Summoning Order dated 16.07.2024 in Special Case No.735 of 2024 (State Vs. Yunish Enesh) arising out of Case Crime No. 06 of 2024 under Section 363, 366, 376 I.P.C. and Section ¾ of POCSO Act, Police Station-Soron, District-Kasganj, pending in the court of Learned Special Judge (POCSO Act), Kasganj. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Special Case No.735 of 2024 (State Vs. Yunish @ Enesh) arising out of Case Crime No.06 of 2024 under Section 363, 366, 376 I.P.C. and Section ¾ of POCSO Act, Police Station-Soron, District- Kasgan, pending in the court of Learned Special Judge (POCSO Act) , Kasganj." At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that in the charge sheet submitted by Investigating Officer against accused/applicant, as many as 11 prosecution witness have been nominated therein. However, the statements of all the witnesses nominated in the charge sheet, previously recorded under section 161 Cr.P.C., have not been brought on record. It is then contended by the learned A.G.A. that there is no averment in the entire affidavit filed in support of present application with regard to other material collected and relied upon by the Investigating Officer in submitting the charge sheet/police report. Furthermore, the said documents have also not been brought on record. On the aforesaid premise, the learned A.G.A. submits that in the absence of above material neither the veracity of the charge sheet/police report submitted by Investigating Officer in terms of Section 173(2) Cr.P.C. not the legality of the impugned proceedings pending before Court below can be examined by this Court. To buttress his submission, the learned A.G.A. has referred to the judgement of Apex Court in Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580. On the edifice of aforesaid submissions, the learned A.G.A. thus contends that no interference is warranted by this Court in present application. 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 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. 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 :- 8.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad