Neutral Citation No. - 2025:AHC:76779 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 16516 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Vijay Pratap Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Rahul, who is a named and charge sheeted accused,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 quash the entire proceedings of Sessions Trial No.2190 of 2024 (State Vs. Rahul), arising out of Case Crime No.159 of 2024, under Section 302 IPC, Police Station-Pahasu, District- Bulandshahar, presently pending in the Court of the learned Additional Sessions Judge, Fast Track Court No.1, District-Bulandshahar. It is further prayed that this Hon'ble Court may further graciously be pleased to stay the further proceedings in Sessions Trial No.2190 of 2024 (State Vs. Rahul), arising out of Case Crime No.159 of 2024, under Section 302 IPC, Police Station-Pahasu, District-Bulandshahar, presently pending in the Court of the learned Additional Sessions Judge, Fast Track Court No.1, District-Bulandshahar during pendency of the present application before this Hon'ble Court. And/or pass such other and further order(s) in favour of applicant, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 4. At the very outset, the learned A.G.A. submits that present application under Section 528 BNSS filed by accused/applicant is misconceived and therefore liable to be dismissed. In furtherance of aforesaid submission, the learned A.G.A. Submits that since the veracity of the charge sheet giving rise to present criminal proceedings as well as the Cognizance Taking Order/Summoning Order have not been impugned in present application, therefore present application is directed against consequential proceedings which is otherwise not maintainable as no application under Section 528 BNSS lies against a consequential order/proceedings. As such. present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant firstly submits that he be permitted to withdraw the present application with liberty to file fresh giving better particulars, details and proper relief. 6. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. 7. In view of above, this application is accordingly dismissed as withdrawn with liberty aforesaid. 8. 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 :- 12.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad