Neutral Citation No. - 2025:AHC:77850 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 7992 of 2025 Applicant :- Atul @ Atul Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Shankar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Krishna Shankar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Atul @ Atul Kumar, who is a named as well as charge sheeted accused and is facing trial before Court below, has now 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 allow this application and quash the entire criminal proceedings charge sheet dated 20.09.2019 as well as cognizance/summoning order dated 25.09.2019 in special case No.76 P OF 2019 arising out of case crime 254 of 2019 (state Vs Atul) under sections 363,366, 376 Indian Penal Code, & ¼ POCSO Act, police station Bidhuna, District Auraiya. pending in the court of Special Judge, POCSO Act, Auraiya. Further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceedings charge sheet dated 20.09.2019 as well as cognizance/summoning order dated 25.09.2019 in special case No.76 p of 2019 arising out of case crime 254 of 2019 (state Vs Atul) under sections 363,366, 376 Indian Penal Code, & ¼ POCSO Act, police station Bidhuna, District Auraiya. pending in the court of Special Judge, POCSO Act, Auraiya. during the pendency of the present application U/S 482 Cr.P.C. 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 facts and circumstances of the case, otherwise the Applicants shall suffer irreparable loss and injury." 4. On the matter being taken up, the learned A.G.A. submits that notice of present application under Section 528 BNSS has been served upon first informant-opposite party-2 on 11.03.2025. However, in spite of service of notice, neither any counter affidavit has been filed by first informant-opposite party-2 in opposition to this application nor anyone has put in appearance on his behalf to oppose this application, even in revised call. 5. Learned counsel for applicant submits that applicant has already been convicted by Court below. As such, the present application has now been rendered infructuous. He, therefore, submits that this application be, accordingly, dismissed as having rendered infructuous. 6. Learned A.G.A. representing State-opposite party-1 does not oppose the prayer made by the learned counsel for applicant. 7. In view of above, this application is, accordingly, dismissed as having rendered infructuous. 8. Interim order, if any, stands vacated. Order Date :- 13.5.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad