Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4916 of 2025 Applicant :- Pradeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Ms. Haya Rizvi, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1. Perused the record. Learned counsel for applicant submits that due to inadvertence, the High Court Legal Services Committee and District Legal Services Authority have not been impleaded as opposite parties in present application. She, therefore, seeks permission of Court to amend the cause title of this application by impleading aforementioned bodies as party respondents/opposite parties- 3 an 4 respectively. Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A. Accordingly, it is allowed. Let necessary amendment/correction in the cause title of this application be carried out by the learned counsel for applicant during course of the day. At the very outset, the learned A.G.A. submits that notice of this application under section 482 Cr.P.C. has been served upon opposite party-4 on 7.1.2025. However, inspite of service of notice, neither any counter affidavit has been filed by first informant/opposite party-2 nor anyone has put in appearance on his behalf to oppose this third application for bail even in revised call. This application under section 482 Cr.P.C. has been filed by charge sheeted accused Pradeep with the following prayer: "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present criminal misc. application (U/S 482) of Cr.P.C. and quashed the entire criminal proceeding of Session Case No. 1033 of 2024 (State Vs. Pradeep) as well as Charge frame order dated 15.10.2024 arising out of Case Crime No. 182 of 2024 under section 323, 504, 376(2)f, 376(3) I.P.C. and section 5(n)/ 6 POCSO Act Police Station Brahmpuri, District Meerut, pending in the court of learned Additional Session Judge/ Special Judge (POCSO Act), Court No. 02 Meerut. And it is further prayed that Stay the effect and operation of the further proceeding of Session Case No. 1033 of 2024 (State Vs. Pradeep) as well as Charge frame order dated 15.10.2024 arising out of Case Crime No. 182 of 2024 under section 323, 504, 376(2)f, 376(3) I.P.C. and section 5(n) /6 POCSO Act Police Station Brahmpuri, District Meerut, pending in the court of learned Additional Session Judge/ Special Judge (POCSO Act), Court No. 02 Meerut, otherwise the applicants shall suffer irreparable loss and injury. " At the very outset, the learned A.G.A. for State raised a preliminary objection by contending that since charges have been framed against charge sheeted accused/applicant vide framing of charge order dated 15.10.2024, passed by Court below in exercise of jurisdiction under section 228 cr.P.C., the prayer prayed for by means of present aplication has been rendered infructuous. It is then contended by the learned A.G.A. that once the charges have been framed, Court below has to answer the charges so framed one way or the other. Furthermore the framing of charge order has not been specifically challenged in present application. As such, no relief can be granted to applicant in present application. Present application has now been rendered infructuous. 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 the learned A.G.A. 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 at this stage. As such, no good ground exists to entertain the present application. As a result, above, application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 19.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad