Neutral Citation No. - 2025:AHC:33564 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7339 of 2025 Applicant :- Ramprasad Paswan @ Teenu Paswan @ Tunnu Paswan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Endoo Kumari,Manju Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Ms. Manju Pandey, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Ramprasad Paswan @ Teenu Paswan @ Tunnu Paswan 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 kindly be pleased to allow the present application and quash the entire proceeding of Session Case No.2732 of 2023 (State Vs. Ramprasad Paswan @ Teenu Paswan @ Tunnu Paswan) and charge sheet No.543 of 2023 as charge sheet dated 19.09.2023, arising out of Case Crime No.588 of 2023, under Section 376 I.P.C., Police Station-Badhalganj, District-Gorakhpur as well as impugned cognizance/summoning order dated 22.11.2023, pending in the Court of learned Additional District Judge/Special Court, F.T.C.-Ist, Gorakhpur, in the interest of justice. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of Session Case No.2732 of 2023 (State Vs. Ramprasad Paswan @ Teenu Paswan @Tunnu Paswan), charge sheet No.543 of 2023 as charge sheet dated 19.09.2023, arising out of Case Crime No.588 of 2023, under Section 376 I.P.C., Police Station-Badhalganj, District- Gorakhpur as well as impugned cognizance/summoning order dated 22.11.2023, pending in the Court of learned Additional District Judge/Special Court, F.T.C.-Ist, Gorakhpur, during the pendency of the present application. Otherwise applicants 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 A.G.A. submits that present application under Section 482 Cr.P.C. is misconceived. Admittedly, the trial of the applicant has already commenced before court below. Upto this stage, two prosecution witnesses namely PW-1 and PW-2 have deposed before court below and their depositions have also been recorded. The statement in chief of PW-3 is in progress. He therefore, submits that in view of above the prayer prayed for by means of the present application cannot be considered at this belated stage. Once charges have been framed against accused/applicant by court below, which the accused has denied, the prosecution in discharging of its burden to bring home the charges so framed has adduced prosecution witnesses therefore the court below is now required to amend the charges so framed one way or the other. As such, present application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. 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 AGA in opposition to this application are clearly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of the above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 5.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad