Neutral Citation No. - 2025:AHC:17063 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 1791 of 2025 Applicant :- Narendra Alias Bagheera Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A.,Vidit Narayan Mishra Hon'ble Rajeev Misra,J. 1. Heard Mr. Alok Kumar, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Narendra Alias Bagheera, who is a 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 proceeding of the charge sheet dated 04.10.2024 arising out of the case crime no. 182 of 2024, Under Section 191(2), 190, 110, 115(2), 127(2), 103(1) Β.N.S. 2023, P.S. Dhankaur, District Gautam Buddh Nagar and further prayed may be pleased to stay the entire proceeding of the charge sheet dated 04.10.2024 arising out of the case crime no. 182 of 2024, Under Section 191(2), 190, 110, 115(2), 127(2), 103(1) B.N.S. 2023, P.S. Dhankaur, District Gautam Buddh Nagar. And/or to pass such and further order while this Hon'ble court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparably loss and injury." 4. At the very outset, the learned A.G.A. submits that since applicant has not yet been summoned by Court below, therefore, by virtue of the law laid down by full Bench of this Court in Father Thomas Vs. State of U.P. & Anr. 2010 SCC Online All 2710, wherein, it has been held that an accused has no right to be head till he has been summoned, therefore, present application is misconceived and therefore, liable to be dismissed. 5. When confronted with above, the learned counsel for applicant fairly submits that present application be dismissed as withdrawn with liberty to file a fresh at appropriate stage. 6. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. In view of above, the present application is, accordingly, dismissed as withdrawn, with liberty aforesaid. 8. Interim order, if any, stands vacated. 9. 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 :- 6.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad