Neutral Citation No. - 2025:AHC:73975 Court No. - 70 Case :- APPLICATION U/S 482 No. - 951 of 2025 Applicant :- Rajesh Kumar Bhartiya Alias Dara Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Praveen Kumar Shukla,Umesh Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Praveen Kumar Shukla, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. On the matter being taken up, the learned A.G.A. for State- opposite party-1 submits that notice of present application under Section 482 Cr.P.C. has been served upon first informant opposite party-4 on 16.01.2025. However, in spite of service of notice upon first informant opposite party-4 neither any counter affidavit has been filed by first informant/opposite party No.4 in opposition to this application nor anyone has put appearance on his behalf to oppose this application even in revised call. 4. Applicant-Rajesh Kumar Bhartiya Alias Dara Singh, who is a charge sheeted accused and facing trial before Court below, has 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 to quash the entire criminal proceeding of Case No. 1094/2024 (State of U.P. Vs. Rajesh Kumar Bhartiya @ Dara Singh) as well as Charge-Sheet dated 12.04.2024 and summoning/cognizance order dated 16.04.2024 passed by Special Judge, (POCSO Act), Allahabad, arising out of Case Crime No.25/2024 U/s 376, 313, 506 I.P.C. and Section 5/6 of POCSO Act, Police Station- Baharia, District Ganganagar (Commissionarate), Prayagraj, which is pending before him. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 1094/2024 (State of U.P. Vs. Rajesh Kumar Bhartiya @ Dara Singh) arising out of Case Crime No. 25/2024 u/s 376, 313, 506 I.P.C. and Section 5/6 of POCSO Act, Police Station-Baharia, District Ganganagar (Commissionarate), Prayagraj, pending in the court of Special Judge, (POCSO Act), Allahabad, during the pendency of the present case. AND/OR to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise, the applicant shall suffer an irreparable loss and injury." 5. At the very outset, the learned A.G.A. for State submits that charges have already framed by Court below against accused applicant in exercise of jurisdiction under Section 228 Cr.P.C. However, the framing of charge order passed by Court below has not been impugned in present application. He, therefore, submits that the prayer prayed for by means of present application under Section 482 Cr.P.C. is now misconceived as in view of aforementioned development no effective relief can be granted to applicant in this application. As such, the present application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars details and proper relief. 7. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 8. In view of above, this application is, accordingly, dismissed as withdrawn, with liberty aforesaid. 9. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining photocopies of the same to be kept on record. Order Date :- 7.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad