Neutral Citation No. - 2025:AHC:42852 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9434 of 2025 Applicant :- Dhruv Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Ajeet Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant- Dhurv Singh, 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 graciously be pleased to allow the present criminal misc application and quash the impugned Charge-sheet dated 14.04.2024 arising out of Case Crime No. 58 of 2024 under section 376 I.P.C., Police Station Phephna, District Ballia and the order taking cognizance & summoning dated 23.04.2024 passed by the Additional Chief Judicial Magistrate-Ist Ballia, whereby the applicant has been summoned for trial as well as the entire Criminal proceedings of Sessions Trial No. 535 of 2024(State Vs. Dhruv Singh) arising out of Case Crime No. 58 of 2024 under section 376 I.P.C., Police Station Phephna, District Ballia, pending in the court of Additional Sessions Judge/F.T.C.-Ist Ballia. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Sessions Trial No. 535 of 2024(State Vs. Dhruv Singh) arising out of Case Crime No. 58 of 2024 under section 376 I.P.C., Police Station Phephna, District Ballia, pending in the court of Additional Sessions Judge/F.T.C.-Ist Ballia, during the pendency of present criminal misc. application before this Hon'ble court. And/or this Hon'ble Court may be further pleased to pass any other such orders, directions, or reliefs as it may deem just, equitable, and necessary in the interest of justice, failing which the applicant shall suffer grave, irreparable, and irremediable prejudice, injustice, and legal detriment." At the very outset, the learned A.G.A. submits that applicant is a charge sheeted accused. Since offence complained of is triable by the Court of Sessions, consequently, the Jurisdictional Magistrate in compliance of Section 209 Cr.P.C. committed the case to the Court of Sessions. Resultantly, Sessions Trial No. 535 of 2024 (State Vs. Dhruv Singh) under section 376 IPC, Police Station- Phephna, District-Ballia came to be registered. Concerned Sessions Judge, framed charges against the charge sheeted accused i.e. applicant, who denied the same, pleaded innocence and demanded trial. As a result, the trial procedure commenced. Upto this stage, one prosecution witness has deposed before Court below. Her deposition is on record at page 108 of the paper book. On the aforesaid premise, the learned A.G.A. submits that the prayer made in this application is now misconceived and no effective relief can be granted in favour of present applicant, in view of aforesaid developments that have taken place. 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/opposite party-1 and upon perusal of record, this Court finds that the objections raised by learned A.G.A. in opposition to this application are not only learly borne out from the record but 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. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 24.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad