Neutral Citation No. - 2025:AHC:60623 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 5062 of 2025 Applicant :- Bablu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepesh Kumar Ojha,Prashant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Prashant Tripathi, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Bablu, who is a charge-sheeted accused and facing trial before court below has approached this Court by means of present application under Section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and quash the summoning order dated 29.04.2024 passed by learned court of Special Judge (POCSO Act) /Additional Session Judge, Banda in Session Trial No. 289 of 2024 (State Vs bablu) as well as the charge sheet under section 363 and 376 I.P.C. and 3/4 POCSO Act dated 13.04.2024 bearing Case Crime no. 21 of 2024 under section 363 I.P.C. P.S. Kalinjar, District Banda, pending before Special Judge (POCSO Act) /Additional Session Judge, Banda. It is further prayed that this Hon'ble Court be pleased to stay the entire proceeding of Session Trial No. 289 of 2024 (State Vs bablu) as well as the quash charge sheet under section 363 and 376 I.P.C. and 3/4 POCSO Act dated 13.04.2024 bearing Case Crime no. 21 of 2024 under section 363 I.P.C. P.S. Kalinjar, District Banda, pending before Special Judge (POCSO Act) /Additional Session Judge, Banda, during the pendency of the present application before this Hon'ble Court, otherwise the applicant 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." 4. At the very outset, the learned counsel for the applicant submits that during pendency of present application before this Court charges have been framed against applicant by court below vide framing of charge order dated 22.11.2024 passed in exercise of jurisdiction under Section 228 Cr.P.C. 5. At this juncture, the learned AGA for State-opposite party-1 submits that once the charges have been framed against applicant by court below then the prayer made by means of present application is now misconceived as no effective relief can be granted to the applicant in present application. 6. When confronted with above, the learned counsel for applicant fairly submits that this application be dismissed as withdrawn with liberty to file fresh with better particulars, details and proper relief. 7. Prayer made by learned counsel for applicant is bona fide. The same is not opposed by the learned AGA. 8. Accordingly, it is allowed. 9. In view of above, this application is hereby dismissed as withdrawn with aforesaid liberty. 10. Certified copies of the documents annexed with the application shall be returned to the learned counsel for applicant after obtaining the photocopies of the same to be kept on record. Order Date :- 22.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad