Neutral Citation No. - 2025:AHC:22598 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 38699 of 2024 Applicant :- Ahsan Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Manoj Kumar Gupta, the learned counsel for applicant and the learned A.G.A. State-opposite party no. 1. 2. Perused the record. 3. Applicant-Ahsan Ali, 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 allow this application and quash the Charge sheet dated 01.07.2023, cognizance order dated 07.07.2023 and entire proceedings of Criminal Case No. 17083 of 2023 (S.T. No. 1409 of 2024) arising out of Case Crime No. 0076 of 2023, under Section 376 I.P.C., Police Station Civil Lines, District Muzaffarnagar pending before learned Addl. District & Sessions Judge POCSO-I, Court Muzaffarnagar. It is further prayed this Hon'ble Court may kindly be pleased to stay the further charge sheet dated 01.07.2023, cognizance order dated 07.07.2023 and entire proceedings of Criminal Case No. 17083 of 2023 (S.T. No. 1409 of 2024) arising out of Case Crime No. 0076 of 2023, under Section 376 I.P.C., Police Station Civil Lines, District Muzaffarnagar pending before learned Addl. District & Sessions Judge POCSO-I, Court Muzaffarnagar." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that applicant had approached the court below by moving a discharge application, which has been rejected. Subsequently, the court below has framed charges against accused- applicant. The framing of charge order dated 30.09.2024 passed by court below has not been challenged in present application. 5. In view of above, the prayer made by in this application is mis- conceived and, therefore, this application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicants. In view of above, on good ground exists to entertain the present applications. 8. As a result, the application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 17.2.2025 Ruhi H. (Rajeev Misra,J.) Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad