HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33152 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed challenging the chargesheet dated 28.09.2012 and summoning order dated 05.01.2016 as well as entire proceedings of Criminal Case No.3026 of 2021 (State vs. Sachin Kumar), arising out of Case Crime No.133 of 2011, under Section 363 IPC, Police Station-Titaro, District-Saharanpur. 3. Submission of learned counsel for the applicant is that parties have already performed marriage in the year 2012 and there are four children born out of the said wedlock and, therefore, no cause of action survives to prosecute the applicant. It is further contended that opposite party No.2 (informant) has already died long back and nobody is appearing to get his statement recorded and, therefore, entire proceedings of trial are sheer wastage of time and resources of the judicial process. 4. Learned A.G.A. points out that the applicant, on earlier occasion, approached this Court by filing Application U/S 482 Cr.P.C. No.15361 of 2023 wherein also identical prayers were made and were not pressed and, insofar as the Non Bailable Warrants issued at that time are concerned, this Court granted some relief to the applicant but the applicant did not avail the same. 5. In sum and substance, the contention is that the present application, Versus Counsel for Applicant(s) : Chandra Pal, Rajesh Kumar, Udayveer Singh Counsel for Opposite Party(s) : G.A. Sachin Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) being second application, arising out of same cause of action, is not maintainable. 6. Having heard learned counsel for the parties, I find that when the earlier application was considered by this Court, the prayer made to quash the chargesheet, cognizance order and proceedings was not pressed, rather the prayer was confined to stay Non Bailable Warrants. This Court, while disposing of the application on 28.04.2023, directed that no coercive action shall be taken against the applicant and stayed Non Bailable Warrant issued on 05.03.2021 for the period of two weeks. The order sheet also reflects that applicant even did not avail benefit of the order passed by this Court and, therefore, since 2022 onwards, Non Bailable Warrants have been issued/directed to be issued. 7. At this stage, learned counsel for the applicant seeks withdrawal of the present application with liberty to file appropriate application before the court concerned seeking remedies which are available to him in law. 8. The application is, accordingly, dismissed as withdrawn in terms of liberty as prayed for. September 10, 2025 Jyotsana NA528 No. 33152 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad