Neutral Citation No. - 2025:AHC:79553 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12587 of 2025 Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar,Prateek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Subham Singh, Advocate, holding brief of Mr. Anil Kumar, the learned counsel for applicant and the learned A.G.A for State opposite party 1. Perused the record. On the matter being taken up, the learned A.G.A. submits that notice of this application under Section 528 B.N.S.S. has been served upon first informant opposite party 2 on 14.4.2025. However, in spite of service of notice, neither any counter affidavit has been filed by first informant opposite party 2 in opposition to the present application nor anyone has put in appearance on his behalf to oppose this application even in revised call. Applicant Mahendra Kumar, who is a named as well as charge sheeted accused and is facing trail before Court below, has now approached this Court by means of present application under Section 528 B.N.S.S. with the following relief:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire criminal proceeding of the S.T. No. 2313 of 2023 (State Vs Mahendra Kumar) arising out of Case Crime. No. 276 of 2022 under section 363, 376, I.P.C 3/4 POCSO Act, and 3(2)(va) SC/ST Act, P.S Muskara, District Hamirpur, and this Hon'ble Court also be pleased to quash the Charge Sheet dated 21.10.2023, as well as the cognizance/summon order dated 03.11.2023, in pursuance thereof passed by the Special Judge, POCSO Act, Hamirpur. It is further prayed that during the pendency of present application before this Hon'ble Court entire further S.T. No. 2313 of 2023 (State Vs Mahendra Kumar) arising out of Case Crime. No. 276 of 2022 under section 363, 376, I.P.C 3/4 POCSO Act, and 3(2)(va) SC/ST Act, P.S Muskara, District Hamirpur, and this Hon'ble Court also be pleased to quash the Charge Sheet dated 21.10.2023, as well as the cognizance/summon order dated 03.11.2023, may kindly remain stayed as far as it is related to the applicant herein. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise applicants would suffer irreparable loss and injury." On the matter being taken up, the learned A.G.A. representing State opposite party 1 has raised a preliminary objection regarding maintainability of present application by contending that charges have already been framed against accused applicant by Court below in exercise of jurisidiction under Section 228 Cr. P. C. in passing the framing of charge order dated 25.11.2023. However, the aforesaid framing of charge order passed by Court below has not been impugned in present application. It is then submitted by the learned A.G.A. that subsequent to above order dated 25.11.2023, trial of accused applicant has already commenced before Court below. Statement of P.W. 1 Kalka Prasad has been recorded before Court below. Copy of the deposition of P.W. 1 given before Court below is on record at pages 111 to 123 of the affidavit filed in support of present application. On the above premise, the learned A.G.A., therefore, submits that prayer made by applicant in present application is misconceived and therefore, present application is liable to be dismissed. When confronted with above, the learned counsel for applicant fairly submits that the present application be dismissed as withdrawn. In view of above, this application is, accordingly, dismissed as withdrawn. Interim order, if any, stands vacated. Order Date :- 14.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad