Neutral Citation No. - 2025:AHC:22301 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 39120 of 2024 Applicant :- Trilokinath Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Disha Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Ms. Disha Srivastava, the learned counsel for applicant and the learned A.G.A. State-opposite party no. 1. 2. Perused the record. 3. Applicant- Trilokinath Pandey, 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 kindly be pleased to allow the present application U/S 528 of BNSS and quash the impugned order dated 03.09.2024 passed by the Court of learned Additional Sessions Judge/Special Judge, POCSO Act, Court No. 1, Gorakhpur, whereby the charges have been framed against the applicant as well as to uqash the entire criminal proceedings arision out of Sessions Trial No. 1331 of 2024 (State vs. Triloki Nath Pandey) relating to Case Crime No. 394 of 2024 (State vs. Triloki Nath Pandey) relating to Case Crime No. 394 of 2024, under Section 376, 506 I.P.C. & 5/6 POCSO Act, Police Station Gagaha, District Gorakhpur pending before the Court of learned Additional Sessions Judge/Special Judge, POCSO Act, Court No. 1, Gorakhpur. It is also prayed that the further proceedings of Sessions Trial No. 1331 of 2024 (State vs. Triloki Nath Pandey) relating to Case Crime No. 394 of 2024, under Section 376, 506 I.P.C. & Section 5/6 POCSO Act, Police Station Gagaha, District Gorakhpur pending before the court of learned Additional Sessions Judge/Special Judge, POCSO Act, Court No. 1, Gorakhpur, may kindly be stayed, during the pendency of the present application U/S 482 Cr.P.C. before this Hon'ble Court." 4. On the matter being taken up, the learned A.G.A. submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant- opposite party no. 2 on 28.11.2024 . However, in spite of service of notice, neither any counter affidavit has been filed by first informant-opposite party no. 2 nor anyone has put in appearance on his behalf to oppose this application even in revised call. 5. At the very outset, learned A.G.A. has raised a preliminary objection by submitting that during pendency of present application, charges were framed by court below against applicant in exercise of jurisdiction under Section 228 Cr.P.C. Subsequent to the framing of charge order passed by court below PW-1 deposed before court below. As such, the trial procedure has already commenced. He therefore, contends that in view of above the prayer prayed for by means of present application has now been rendered infructuous. As such, this application is liable to be dismissed as having rendered infructuous. 6. When confronted with above, the learned counsel for applicant 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 preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, this Court does not find any good ground to entertain the present application. 8. As a result, the present 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