Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9829 of 2025 Applicant :- Sunil Kumar Patel Alias Anil Kumar Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pawan Kumar,Vijay Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Vijay Bahadur Yadav, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. Perused the record. At the very outset, the learned A.G.A. submits that notice of this application has been served upon opposite party-2 on 26.3.2025. However, inspite of service of notice, neither any counter affidavit has been filed by first informant in opposition to this application nor anyone has put in appearance on his behalf to oppose this application even in revised call. Applicant Sunil Kumar Patel Alias Anil Kumar Patel who is a charge sheeted accused and is facing trial before Court below has now 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 graciously be pleased to allow this application and quash the entire proceeding of S.T. No. 1280/2022 arising out of Crime No. 398 of 2022 under section 363, 366,376 I...C. and section ¾ POCSO Act, Police Station - Badagaon, District Varanasi pending in the court of Special Judge ( POCSO Act) /Additional District & Session Judge Varanasi and quashing of the charge frame order dated 18.4.2023 passed by the court of Special Judge (POCSO Act) /Additional District & Session Judge Varanasi (contained in Annexure no. 8 to the affidavit). It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of S.T. No. 1280/2022 arising out of Case Crime No. 398 of 2022. under section 363, 366,376 I.P.C. and section 34 POCSO Act, Police Station - Badagaon, District Varanasi pending in the court of Special Judge ( POCSO Act) /Additional District & Session Judge Varanasi during the pendency of present criminal misc. application before this Hon'ble Court and or pass such other and further order which the Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise applicants will suffer irreparable loss and injury.." Learned counsel for applicant submits that in view of material on record, framing of charge order is illegal. In the submission of the learned counsel for applicant, in view of contradiction, emerging in the statement of prosecutrix recorded under section 161 Cr.P.C. and 164 Cr.P.C. no charge could be framed. He, therefore submits that order impugned is liable to be set aside by this court. Per contra, the learned A.G.A. representing State-opposite party-1 has opposed the present application. He submits that prosecutrix in her statement under section 161 Cr.P.C. has not supported the F.I.R. but subsequently in her statement under section 164 Cr.P.C. the prosecutrix has fully supported the F.I.R. Referring to the judgement of Supreme Court in Tarun Jit Tejpal Vs. State of Goa and Another, 2019 SCC Online SC 1053, he submits that that prosecution of accused can be sustained even in case of grave suspicion. Learned A.G.A. thus submits that no illegality can be attahced to the framing of charge order passed by court below. On the above premise, the learned A.G.A. submits that present application is liable to be dismissed. 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 and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to this application is clearly borne out from the record and 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 :- 3.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad