Court No. - 71 Case :- APPLICATION U/S 482 No. - 36952 of 2024 Applicant :- Monu Chaurasiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- Anant Prakash Mishra,G.A. Hon'ble Rajeev Misra,J. Heard Mr. Praveen Kumar Singh, the learned counsel for applicnt the learned A.G.A. for State and Mr. Anant Prakash Mishra, the learned counsel for first informant/opposite party-2. Applicant- Monu Chaurasiya, 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 entire criminal proceedings of Special Session Trial No. 72 of 2022 (State Vs Monu) arising out of Case Crime No. 133 of 2021, Under Sections 376DA, 506 I.P.C. and section 5g/6 Protection of Children From Sexual Offences Act, 2012 & Section 67B Information Technology Act, Police Station-Bahariyabad, District-Ghazipur pending in the court of Special POCSO Act, Ghazipur and Charge Sheet Dated 27.12.2021 and Cognizance order as well as summoning order dated 17.01.2022 passed by Special POCSO Act, Ghazipur. It is, further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Special Session Trial No. 72 of 2022 (State Vs Monu) arising out of Case Crime No. 133 of 2021, Under Sections 376DA, 506 I. P.C. and section 5g/6 Protection of Children From Sexual Offences Act, 2012 & Section 67B Information Technology Act, Police Station-Bahariyabad, District-Ghazipur pending in the court of Special POCSO Act, Ghazipur during pendency of the present criminal application before this Hon'ble Court or to pass such any other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant will suffer irreparable loss and injury." At the very outset, the learned A.G.A. and the learned counsel for first informant/opposite party-2 have raised a preliminary objection by submitting that during pedency of preset application, Court below in exercise of jurisdiction under section 228 Cr.P.C. has framed charges against accused/applicant. Thereafter trial of the applicant commenced before Court below and up to this stage, six prosecution witnesses have deposed before Court below. On the aforesaid premise, they submit that veracity of the charge sheet/police report, Cognizance Taking Order/Summoning Order as well as the proceedings of aforesaid criminal case cannot be examined by this Court. As such, present application has now been rendered infructuous. 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 learned A.G.A. and the learned counsel representing first informant/opposite party-2 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. In view of above, this application fails and is liable to be dismissed as having rendered infructuous. It is accordingly dismissed as having rendered infructuous. Order Date :- 15.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad