Court No. - 71 Case :- APPLICATION U/S 482 No. - 36891 of 2024 Applicant :- Vivek Singh Alias Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajendra Kumar Ojha Counsel for Opposite Party :- G.A.,Jitendra Singh Hon'ble Rajeev Misra,J. Heard Mr. Rajendra Kumar Ojha, the lerned counsel for applicant, the learned A.G.A. for State and Mr. Jitendra Singh, the learned counsel for first informant/opposite party-2. Perused the record. Applicant- Vivek Singh Alias Sonu who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C., with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 12.08.2023 in Case Crime No.336/2023 Under Section 363, 366, 376AB of I.P.C. and Section 5/6 Protection of Children from Sexual of Act. P.S. Mubarakpur, District- Azamgarh and to stay the Criminal proceeding of special case no. 257 / 2023 State Vs. Vivek Singh @ Sonu arising from Case Crime No.336/2023 Under Section 363, 366, 376AB of I.P.C. and Section 5/6 Protection of Children from Sexual of Act. P.S. Mubarakpur, District-Azamgarh pending in the Court of Learned Additional District-Azamgarh." At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has not yet been summoned by Court below. The said submission is raised by the learned A.G.A. on the ground that neither the summoning order has been appended along with the present application nor a prayer has been made for quashing of the same. Referring to the Full Bench judgement of this Court in Father Thomas Vs. State of U.P. and Others, 2010 SCC Online All 2438, the learned A.G.A. submits that an accused has no right to be heard till he has been summoned. He, therefore submits that in view of aforementioned facts present application is misconceived and is liable to be dismissed. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and further the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. As such, no good ground exists to entertain the present application. In view of above, the application is dismissed at this stage with liberty to applicant to approach this Court again after he has been summoned by Court below. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 15.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad