Neutral Citation No. - 2025:AHC:117333 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37082 of 2024 Applicant :- Raj Sharma @ Rajendra Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to set aside impugned order dated 26.7.2024 rejecting the discharge application 24B in Special Sessions Trial No.39 of 2023 arising out of chargesheet dated 5.11.2022 pending before Special Judge POCSO Act, Ghazipur arising from Case Crime No.164 of 2022 under Sections 354, 506 IPC & Section 7/8 POCSO Act P.S. Khanpur, District Ghazipur. 3. While assailing the impugned order dated 26.07.2024, whereby discharge application preferred at the behest of applicant has been rejected, learned counsel for applicant contended that the same has been passed in arbitrary manner. Applicant has been implicated by police in a falsely created story concocted by opposite party no.2, there is no independent witness supporting the prosecution story set up against applicant. The police without getting any medical evidence has tried to implicate the applicant pursuant to the FIR and as such impugned order dated 26.07.2024 is liable to be set aside and quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. I have considered the rival submissions and have gone through the entire record. 6. From perusal of the records, it transpires that learned trial court while rejecting the discharge application of applicant rightly exercised the authority as mandated under Section 227 Cr.P.C that while considering discharge application only this aspect has to be considered whether there is sufficient ground to proceed against the accused or not? It is apparent that the discharge application preferred on behalf of applicant has been rejected after considering the entire material and evidence on records and it has been observed by learned trial court that on the basis of perusal of records, prima facie offence is made out against the applicant. 7. Looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant and as such no cause of action survives in favour of applicant to pursue the instant application. I do not find any infirmity in the impugned order dated 26.07.2024. 8. The instant application lacks merit and is accordingly dismissed. Order Date :- 18.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad