HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 33787 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard Shri Suneel Thekma, learned counsel for the applicant and the learned AGA for the State. 3. The instant application under Section 482 Cr.P.C has been preferred for quashing the entire proceedings of Special Sessions Trial No.348 of 2014, arising out of Case Crime No.365 of 2014 (State of U.P. vs. Monu and others) under Sections 414 IPC and Section 15 of DAA Act, Police Station, New Agra, District Agra pending in the court of Special Judge (DAA), Agra. 4. It is submitted by the learned counsel for the applicant that for the same incident two F.I.Rs have been lodged one at Delhi in shape of Case Crime No.308 of 2014 in pursuance to Section 379 IPC, P.S. Vasant Vihar, District Delhi South and another in Agra in shape of Case crime no.365 of 2014 under Section 414 IPC, 41/102 Cr.P.C, and Section 15 of D.A.A, Police Station New Agra District, it is further submitted that in the matter for same incident registered at Delhi he has already been acquitted vide judgment and order dated 13.10.2016 and against the same incident which culminated into another Case Crime no. 365 of 2014 which has been registered at Agra is still pending to be adjudicated. 5. Learned counsel for the applicant while challenging the entire proceeding pending before learned court of Special Judge (D.A.A.), Versus Counsel for Applicant(s) : Suneel Thekma, Sunil Kumar Counsel for Opposite Party(s) : G.A. Beenesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Agra submitted that the outcome of the incident is the same, as the allegation in which applicant has been arrested for theft of Maruti Alto Car. 6. Learned counsel for the applicant also submitted that prosecution may not be permitted to proceed against the applicant for same set of charges which has been leveled against the applicant culminated into acquittal by learned court of Metropolitan Magistrate, Delhi vide order dated 13.10.2016 and as such no fruitful purpose will be served by keeping the matter pending in the court of Special Judge (DAA), Agra in shape of Special Session Trial No.348 of 2014, arising out of Case Crime No. 365 of 2014 (State of U.P. vs. Monu and others) under Sections 414 IPC and Section 15 of D.A.A. Act, Police Station, New Agra, District Agra. 7. Per contra, learned AGA although vehemently opposed the prayer as made through the instant application but did not dispute the acquittal order passed in favour of applicant by learned court of Metropolitan Magistrate, Delhi dated 13.10.2016 arising out of F.I.R. no.308 of 2014 under section 379 IPC in respect of the charges leveled against the applicant arising out of same incident which is pending to be adjudicated at Agra in the court of Special Session Trial No.348 of 2014, arising out of Case Crime No. 365 of 2014 (State of U.P. vs. Monu and others) under Sections 414 IPC and Section 15 of D.A.A. Act, Police Station, New Agra, District Agra. 8. In view of the aforementioned facts and circumstances, arguments raised by learned counsel for the applicant seems to be justified, therefore, entire proceedings of Special Session Trial No.348 of 2014, arising out of Case Crime No. 365 of 2014 (State of U.P. vs. Monu and others) under Section 414 IPC, Section 15 of D.A.A. Act, Police Station, New Agra, District Agra pending in the court of Special Judge (DAA), Agra are hereby set aside. 9. Instant application stands allowed accordingly. September 24, 2025 Rakesh A482 No. 33787 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad