Neutral Citation No. - 2025:AHC:80715 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4647 of 2025 Applicant :- Prince Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sandeep Kumar Maurya,Vimal Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sandeep Kumar Maurya, the learned counsel for applicant and learned A.G.A. for State opposite party 1. 2. Perused the record. 3. On the matter being taken up the learned A.G.A. for state- opposite party 1 submits that notice of this application under Section 528 BNSS has been served upon first informant opposite party 2 on 10.1.2025. 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 the revised call. 5. Applicant, Prince, who is a named as well as charge sheeted accused has now been summoned by the court below has approached this Court by means of present application with the following prayer: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set aside the impugned charge sheet dated 12.08.2024 and cognizance order dated 2.9.2024 passed by Additional District and Session Judge (POCSO Act), Muzaffar Nagar under Sections 137 (2). 87, 65(1) of B.N.S. (Bharatiya Nayaya Sanhita) and Section 3,4(2) of POCSO Act, issued against applicants passed by the learned Court of Additional District and Session Judge (POCSO Act), Muzaffar Nagar, as well as entire consequential proceedings arising out of the Case Crime No. 0212/2024 under Sections 137(2), 87, 65(1) of B.N.S. (Bharatiya Nyaya Sanhita 2023) and Section 3,4 (2) of POCSO Act, P.S. Shahpur, District Muzaffar Nagar, as well as quash the entire consequential proceedings of the aforesaid case now pending in Court of Additional District and Session Judge (POCSO Act), Muzaffar Nagar. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings in pursuance of charge sheet dated 12.08.2024 cognizance taking Cognizance order dated 02.09.2024 passed by Chief Judicial Magistrate, Muzaffar Nagar under Sections 137 (2), 87,65(1) of B.N.S. (Bharatiya Nyaya Sanhita) and Section 3,4(2) of POCSO Act issued against applicants passed by the Additional District and Session Judge (POCSO Act) Muzaffarnagar, as well as entire consequential proceedings arising out of the Case Crime No. 0212/2024 under Sections 137(2), 87, 65(1) of B.N.S. and Section 3,4 (2) of POCSO Act, P.S. Shahpur, District Muzaffarnagar during pendency of this application in the court of Additional District and Session Judge (POCSO Act) Muzaffarnagar, otherwise applicants shall suffer irreparable loss and injury." 4. Learned counsel for applicant submits that the applicant who is a named and charge sheeted accused and facing trial before court below does not wish to press this application any further. He, therefore, contends that the present application be, therefore, dismissed as withdrawn. 5. Learned A.G.A representing State opposite party 1 has no objection to the prayer made by learned counsel for applicant. 6. In view of above, this application is accordingly dismissed as withdrawn. 7. Interim order, if any, stands vacated. Order Date :- 13.5.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad