Neutral Citation No. - 2025:AHC:37232 Court No. - 70 Case :- APPLICATION U/S 482 No. - 41117 of 2024 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Counsel for Opposite Party :- Bibhuti Narayan Singh,G.A. Hon'ble Rajeev Misra,J. Heard Mr. Pankaj Dwivedi, the learned counsel for applicant, the learned A.G.A. for State and Mr. Bibhuti Narayan Singh, the learned counsel representing first informant/opposite party-2. Perused the record. Applicant- Sandeep Kumar, who is a charge sheeted accused and facing trial before Court below 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 impugned charge sheet dated 5.8.2024, cognizance order/ summoning order dated 17.8.2024 passed by learned Special Judge (POCSO), Sonbhadra as well as entire proceeding of Session Case No.576 of 2024 (State Vs. Sandeep Kumar), arising out of Case Crime No.70 of 2024, under Section 376(3), 506 IPC & Section 3/4(2) of POCSO Act, Police Station Babhani, District Sonbhadra, pending before the learned Special Judge (POCSO), District Sonbhadra, to secure the ends of justice. It is further most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the impugned charge sheet dated 5.8.2024, cognizance order/summoning order dated 17.8.2024 passed by learned Special Judge (POCSO), Sonbhadra as well as entire proceeding of Session Case No.576 of 2024 (State Vs. Sandeep Kumar), arising out of Case Crime No.70 of 2024, under Section 376(3), 506 IPC & Section 3/4(2) of POCSO Act, Police Station Babhani, District Sonbhadra, pending before the learned Special Judge (POCSO), District Sonbhadra, and or to pass such further and other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to secure the ends of justice. At the very outset, Mr. Bibhuti Narayan Singh, the learned counsel representing first informant/opposite party-2,, submits that the trial of applicant has already commenced before Court below. P.W.1 has already deposed before Court below and his statement-in-chief has also been recorded. He has placed certified copy of deposition of P.W.1, which is taken on record. On the aforesaid premise, the learned counsel representing opposite party-2 submits that in view of aforesaid subsequent development, the prayer prayed for by means of present application is now misconceived. As such, this application is liable to be dismissed. 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 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. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 17.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad