HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33122 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and the learned AGA for the State-respondent. 2. This instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet dated 12.08.2009, cognizance order dated 25.11.2009 as well as entire proceedings of Criminal Case No. 1948 of 2009 (State Vs. Heera Singh and others) arising out of Case Crime No. 503 of 2009, under Sections 420, 467, 468, 471 IPC, P.S. Shahganj, District Agra. 3. Learned counsel for the applicant, during the course of arguments, placed reliance on an order dated 12.09.2017 passed by Coordinate Bench of this court on Application U/s 482 No. 30004 of 2017 and submission has been made that since co-accused, who were vendors of the property, have been granted relief by this Court, the applicant, who is merely a marginal witness to the sale deed, is also entitled for relief. 4. Learned AGA points out that the charge sheet was filed in the year 2009 and cognizance was taken on 25.11.2009 and no explanation has been offered for approaching this Court after delay of 16 years. Learned AGA further points out discrepancy in Anneuxre No. 1 to the affidavit, which is a typed copy of certified copy of the order sheet, and submits that the certified copy of the order sheet starts from 25.11.2009 and ends on 16.09.2012, however, typed copy contains reference of some other dates and after 19.06.2012, which was not a date fixed in the matter nor any order sheet of that day was prepared, directly order sheet of 19.06.2025 and 31.07.2025, Versus Counsel for Applicant(s) : Mahendra Tripathi Counsel for Opposite Party(s) : G.A. Prakash Singh .....Applicant(s) State of U.P. and another .....Opposite Party(s) after a gap of 13 years has been typed, whereas even those dates are not reflected from the certified copy of the order sheet. 5. As far as the first submission based on interim order passed by this Court in Application U/s 482 No. 30004 of 2017 is concerned, the Court perused further status of the said case and found from perusal of the order available on the official website of this Court that on 18.11.2021 the aforesaid application was dismissed. The said fact has not been brought to the notice of the Court, rather contrary submission has been made that the application is still pending. It cannot be accepted that once an aid of interim order is taken or sought to be taken, the applicant would not verify the status of the said case and, therefore, an attempt was made to obtain an interim order from this Court at the strength of an interim order which does not survive in terms of the dismissal of the application itself. 6. Further, typed copy of the order sheet is totally mismatched with the certified copy as already noted by referring to the submissions made by learned AGA. 7. This Court is satisfied that filing of this application amounts to an abuse of the process of law and attempt was made to obtain relief by misleading the Court. 8. The application is, accordingly, rejected, however, without imposing any cost. September 10, 2025 AKShukla/- NA528 No. 33122 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad