Neutral Citation No. - 2025:AHC:22557 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41533 of 2024 Applicant :- Prem Prakash Alias Pawan Kumar Alias Bela Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Shailendra Ratan Bhushan, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. At the very outset, the learned A.G.A. submits that notice of this application has been served upon first informant opposite party 2 on 26.11.2024. However, despite service of notice neither any counter affidavit has been filed by the first informant opposite party 2 nor any one has put in appearance on his behalf to oppose this application even in revised call. Applicant Prem Prakash Alias Pawan Kumar Alias Bela, who is a charge sheeted accused, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and quash the entire proceeding of Case No.180 of 2019 (State Vs. Prem Prakash @ Pawan), including Charge-Sheet No.204 of 2019 dated 27.06.2019, arising out of Case Crime No.62 of 2019, under Section 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Gandhi Park, District-Aligarh as well as cognizance/summoning order dated 16.09.2019, pending in the Court of learned Special Judge POCSO, Court No.3, Aligarh, in the interest of justice. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of Case No.180 of 2019 (State Vs. Prem Prakash @ Pawan), including Charge-Sheet No.204 of 2019 dated 27.06.2019, arising out of Case Crime No.62 of 2019, under Section 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Gandhi Park, District-Aligarh as well as cognizance/summoning order dated 16.09.2019, pending in the Court of learned Special Judge POCSO, Court No.3, Aligarh, during the pendency of the present application. Otherwise applicants shall suffer irreparable loss and injury. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." On the matter being taken up, the learned A.G.A. has raised a preliminary objection regarding maintainability of present application under Section 482 Cr. P. C. Learned A.G.A. contends that charges have been framed against accused applicant by Court below in exercise of jurisdiction under Section 228 Cr. P. C. Furthermore, two prosecution witnesses of fact i.e. P.W. 1 and P.W. 2 have also deposed before Court below. As such, trial of accused applicant has already commenced before court below. In view of above, the prayer prayed for by means of present application under Section 482 Cr. P. C. has now been rendered infructuous by efflux of time. Consequently, no relief as prayed for can be granted in present application. 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 objection raised by the learned A.G.A. in opposition to this application are duly 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, no good ground exists to entertain the present application. As a result, this application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 17.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad