Neutral Citation No. - 2025:AHC:26076 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 33381 of 2024 Applicant :- Akash Tejaswi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Dwivedi,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. K.K. Dwivedi, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. This application under Section 528 BNSS has been filed by charge sheeted accused/applicants, Akash Tejaswi and Another with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the order dated 16.09.2024 passed by learned Additional Session Judge/FTC-II, Gautam Budh Nagar as well as entire criminal proceedings in Session Trial No. 498/2024: State Versus Akash Tejaswi & others, arising out of Case Crime No. 304/2022, Under Section 376(2)(n), 323, 506, 406, 120B, 342 I.P.C., Police Station Knowledge Park, District Gautam Budh Nagar; and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case." 4. At the very outset, the learned counsel for applicants submits that by means of order impugned, the discharge prayed for by applicants in terms of Section 227 Cr.P.C. was negated by Court below. However, during pendency of present application, Court below has framed charges against accused-applicants in exercise of jurisdiction under Section 228 Cr.P.C. He, therefore, submits that by reason of above, the present application has been rendered infructuous. 5. Learned A.G.A. does not oppose the submissions urged by the learned counsel for applicants. 6. In view of above, this application is, accordingly, dismissed as having rendered infructuous. 7. Interim order, if any, stands vacated. Order Date :- 24.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad