Neutral Citation No. - 2025:AHC:79470 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 16001 of 2025 Applicant :- Yusuf Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Shankar,Zafar Abbas Counsel for Opposite Party :- Ashish Kumar Ojha,G.A. Hon'ble Rajeev Misra,J. Heard Mr. Sarvey Nzir, Advocate, holding brief of Mr. Zafar Abbas, the learned counsel for applicant, the learned A.G.A. for State, opposite party-1 and Mr. Ashish Kumar Ojha, the learned counsel representing first informant/opposite party-4. Perused the record. Applicant Yusuf Khan, who is a named as well as 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 quash the Charge-sheet dated 08.11.2023, cognizance and summoning order dated 22.12.2023 passed by Add Session Judge / Special Judge (POCSO ACT), Etawah in Special Case (POCSO ACT) No. 1438 of 2023 (State of U.P. Vs. Yusuf) arising out of Case Crime No. 240 of 2023 under section 323, 504, 506, 376 I.P.C and Section 3/4 POCSO ACT Police Station Kotwali, District Etawah, pending in the court of Add. Chief Judicial Magistrate, Court No. 10, Etawah. It is, further prayed that this Hon'ble Court graciously be pleased to stay the further proceeding of Special Case (POCSO ACT) No. 1438 of 2023 (State of U.P. Vs. Yusuf) arising out of Case Crime No. 240 of 2023 under section 323, 504, 506, 376 I.P.C and Section 3/4 POCSO ACT Police Station Kotwali, District Etawah, pending in the court of Add. Chief Judicial Magistrate, Court No. 10, Etawah or pass such other and further order which this Hon'ble Court may fit and proper in the favor of Applicant otherwise the Applicant will be suffer irreparable loss and injury." On the matter being taken up, the learned A.G.A. has raised a preliminary objection regarding maintainability of present application contending that charges have already been framed against applicant by Court below in exercise of Jurisdiction under section 228 Cr.P.C. vide framing of charge order dated 7.2.2024, therefore, the prayer made by means of present application is wholly misconceived. According to the learned A.G.A. once the charges have been framed against accused-applicant by court below and there being no challenge to the said order in present application no effective relief can be granted by this Court in present application. As such, present application is liable to be dismissed. Mr. Ashish Kumar Ojha, the learned counsel representing first informant/opposite party-4, however, submits that trial of accused has commenced, inasmuch as deposition of P.W.1 has also been recorded. He has placed certified copy of the statement of P.W1 which is taken on record. He therefore contends that prayer prayed for by means of present application is misconceived. As such, the 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/opposite party-1, Mr. Ashish Kumar Ojha, the learned counsel representing first informant/opposite party-4 and upon perusal of record, this Court finds that the objections raised by learned A.G.A. and the learned counsel representing first informant/opposite party-4 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. 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 :- 14.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad