HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29568 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Mohammad Faisal Khan, learned counsel for the applicant and Shri B.P. Maurya, learned AGA for the State. 2. The present application u/s 528 of BNSS has been filed with prayer to set aside the judgement and order dated 27.05.2025 passed by the Special Session Judge (POCSO Act), Muzaffar Nagar, in Session Trial No.1087 of 2020 (State of U.P. Vs. Sukhmendar @ Kala and another), under Sections 376, 511 IPC and Section 7/8 POCSO Act, Police Station Bhopa, District Muzaffar Nagar. 3. It is contended by learned counsel for the applicant that an application was filed before the learned trial Court under section 216 Cr.P.C. for alteration of charge in view of the statement of the victim under Section 164 Cr.P.C. The trial Court disposed of the application stating therein that the application for alteration of charge shall be considered after examination of all the witnesses. 4. On the other hand, learned AGA submits that the application under Section 216 Cr.P.C. has not been rejected and has simply been disposed of, against which, no application is maintainable before this Court. 5. Keeping in view of the above, this application U/s 528 BNSS lacks merit and deserves to be dismissed. 6. Accordingly, the application U/s 528 BNSS is dismissed. 7. However, the applicant shall be at liberty to raise his grievance regarding alternation of charge at proper stage before the learned Court concerned. September 25, 2025 RKM Versus Counsel for Applicant(s) : Mohammad Faisal Khan Counsel for Opposite Party(s) : G.A. (Jitendra Kumar Sinha,J.) Smt. Usha .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad