Neutral Citation No. - 2025:AHC:37178 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6266 of 2025 Applicant :- Ram Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Vijit Saxena, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Ram Kumar, who is a charge sheeted accused, 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 graciously be pleased to quash the charge sheet no. 1 dated 29.3.2023, cognizance order dated 19.6.2023 as well as entire proceedings of SST no. 173 of 2023 (State of U.P. versus Ram Kumar) arising out of case crime no. 929 of 2022, under sections 376, 506 of I.P.C. and section 3 (2) (V) of SC/ST Act, P.S. Auraiya, District Auraiya, pending in the court of Special Judge SC/ST Act, Auraiya. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of SST no. 173 of 2023 (State of U.P. versus Ram Kumar) arising out of case crime no. 929 of 2022, under sections 376, 506 of I.P.C. and section 3(2) (V) of SC/ST Act, P.S. Auraiya, District Auraiya, pending in the court of Special Judge SC/ST Act, Auraiya, during the pendency of the present application before this Hon'ble Court, and/or pass such other and further order which this Hon'ble court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a very objection by contending that since applicant was already married prior to his relationship with the prosecutrix-first informant- opposite party-2, therefore, no interference is warranted by this Court in present application. 5. The Court raised a pointed query as to whether, the trial of applicant has commenced before Court below or not. 6. Learned A.G.A. upon instructions received by him submits that charges have been framed against accused-applicant by Court below in exercise of jurisdiction under Section 228 Cr.P.C., vide framing of charge order dated 09.01.2025. 7. On the above premise, the learned A.G.A. contends that in view of aforementioned subsequent development, the prayer made by means of present application is misconceived. Neither an amendment application has been filed in this application challenging the framing of charge order passed by Court below nor a separate application under Section 482 Cr.P.C. has been filed regarding the same. Once the charges have been framed, the Court below is bound to answer the same one way or the other. As such, no effective relief can be granted in favour of applicant in this application. He, therefore, submits that this application is liable to be dismissed. 8. When confronted with above, the learned counsel for applicant could not overcome the same. 9. Having heard the learned counsel for the applicant, learned A.G.A. for State-Opposite Party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly born out form the record and furthermore the same could not be dislodged by the learned counsel for the applicant with reference to the record. As such, no good ground exist to entertain the present application. 10. In view of above, the present application fails and is liable to be dismissed. 11. It is, accordingly, dismissed. Order Date :- 17.3.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad