Neutral Citation No. - 2025:AHC:31775 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3940 of 2025 Applicant :- Ashok Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalyan Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Kalyan Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. At the very outset, the learned A.G.A. submits that notice of present application under Section 482 Cr.P.C. has been served upon first informant opposite party No.2 on 27.01.2025. However, in spite of service of notice upon first informant opposite party-2 neither any counter affidavit has been filed by first informant/opposite party No.2 nor anyone has put appearance on his behalf to oppose this application even in revised call. 4. Applicant-Ashok, 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 discharge rejection order dated 28.10.2024 passed by Special Judge (POCSO Act) Bulandshahar and entire proceeding of Special Case No. 365 of 2024 (State Vs. Ashok) arising out of Case Crime no. 1156 of 2023 under section 363, 376 I.P.C. and 3/4 POCSO Act, Police Station-Khurja Nagar, District-Bulandshahar, during the pendency of the application before this Hon'ble Court. And/or pass such and further order which this Hon'ble court may deem fit and proper to pass on the facts and circumstances of the case, otherwise petitioners shall suffer irreparable loss." 5. On the matter being taken up, the learned A.G.A. submits that since charges have already been framed against applicant by Court below in exercise of jurisdiction under Section 228 Cr.P.C. Furthermore, the framing of charge order passed by Court below has not been challenged in present application. As such, no cause of action now survives with the applicant to this application any further. As such, present application is liable to be dismissed. 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 objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but 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. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 4.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad