Neutral Citation No. - 2025:AHC:6459 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36122 of 2024 Applicant :- Arvind Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pankaj Kumar Tyagi, the learned counsel for applicant and the learned A..G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Arvind Tyagi, who is first informant, 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 allow the present application and further be pleased to quash the impugned order dated 14.12.2023 passed by the learned Additional Sessions Judge/Special Judge, POCSO Act (First), Gautam Buddha Nagar over Application 23Kha moved by the applicant (informant) in Sessions Case No.311 of 2023 (State vs. Shoab and Others) arising out of Case Crime No.09 of 2023, under Sections- 376, 328, 506, 406, 411 I.P.C. and Section-5/16 of Protection of Children from Sexual Offences Act and Section-3/5 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station-Phase-2, District-Gautam Buddha Nagar. It is further prayed that this Hon'ble Court may kindly be pleased to direct the court concerned to alter the charge against the opposite party no.2 and add Sections-420, 467, 468, 471 I.P.C. and proceed the trial accordingly, and/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, Court raised a pointed query as to whether the application under Section 216 Cr.P.C., which has been rejected by means of impugned order, was filed on the basis of material accompanying the police report or after the statements of witnesses recorded. 5.Learned counsel for applicant fairly stated that the said application was filed at pre-evidence stage. He therefore submits that present application be dismissed as withdrawn with liberty to file an application under Section 216 Cr.P.C. before court below itself after the prosecution witnesses have deposed before court below. 6. Prayer made by the learned counsel for applicant is bonafide. Same is not opposed by the learned A.G.A. Accordingly, it is allowed. 7. Consequently, present application under Section 482 Cr.P.C. is dismissed as withdrawn at this stage with liberty to applicant to file an application under Section 216 Cr.P.C. before court below after the prosecution witnesses have deposed before court below. . Order Date :- 15.1.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad