GITESH KUMAR @ GEETESH KUMAR v. State of U.P. AND ANOTHER
A482/36096/2024 · 2025-02-13
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20702 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36096 of 2024 Applicant :- Gitesh Kumar @ Geetesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Sagar Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Prem Sagar Verma, the learned counsel for applicant, the learned A..G.A. for State-opposite party-1 and Mr. Sunil Kumar, the learned counsel representing first informant/opposite party-2.
2. Perused the record.
3. Applicant-Gitesh Kumar @ Geetesh Kumar, who is a charge sheeted accused, 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 very kindly be pleased to quash the cognizance order dated 21.11.2023 passed by learned Chief Judicial Magistrate, Firozabad, Chargesheet No. 560 of 2023 dated 08.11.2023 in Criminal Case No. 5623 of 2023 and the entire proceeding of Session Trial No. 2949 of 2023 State of U.P. Vs. Gitesh Kumar arising out of Case Crime No. 693 of 2023 under Section 376 1.P.C. and Section 67A of the Information and Technology Act, Police Station, Jasrana, District Firozabad, pending before the Court of Additional Sessions Judge, Court No. 9, Firozabad. It is further prayed that this Hon'ble Court may very kindly be pleased to stay the further proceeding of Session Trial No. 2949 of 2023 State of U.P. Vs. Gitesh Kumar arising out of Case Crime No. 693 of 2023 under Section 376 I.P.C. and Section 67A of the Information and Technology Act, Police Station, Jasrana, District Firozabad, pending before the Court of Additional
Sessions Judge, Court No. 9, Firozabad and/or may pass such other and further order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants will suffer an irreparable loss and injury."
4. On the matter being taken up, the learned counsel for applicant submits that during pendency of present application, applicant has already been acquitted by court below. In view of above, this application has been rendered infructuous. He therefore submits that present application be dismissed as having rendered infructuous.
5. Learned A.G.A. representing State-opposite party-1 and Mr. Sunil Kumar, the learned counsel representing first informant/opposite party-2 do not oppose the prayer made by the
learned counsel for applicant.
6. In view of above, present application is dismissed as having rendered infructuous.
7. Interim order, if any, stands vacated.
Order Date :- 13.2.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad