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2025 DAILYLAW 10357 (ALL)

RAHUL JAT ALIAS RAHUL CHAUDHARY v. STATE OF U.P. AND 4 OTHERS

NA528/10731/2025 · 2025-05-05

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72506 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10731 of 2025 Applicant :- Rahul Jat Alias Rahul Chaudhary Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Indra Mohan Singh,Mohd. Iqbal Farooqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Indra Mohan Singh, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Rahul Jat Alias Rahul Chaudhary, who is a charge- sheeted accused and is facing trial before Court below has approached this Court by means of present application under Section 528 of BNSS with the following prayer: "It is, therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and impugned charge sheet dated 7.7.2015 as well as cognizance/summoning dated 28.7.2015 (contained in Annexure No.1 to the affidavit) which has filed in Case Crime No.388 of 2015, under Sections 376, 506 I.P.C., Section 3/4 POCSO Act & Section 3(1)12, 3(2)5 SC/ST Act Police Station Modinagar, District Ghaziabad. It is further essential in the interest of justice that this Hon'ble Court may graciously be pleased to stay the further proceeding of S.T. No.215 of 2018, State versus Rahul Jat, arising out of Case Crime No.388 of 2015, under Sections 376, 506 I.P.C., Section 3/4 POCSO Act & Section 3(1)12, 3(2)5 SC/ST Act Police Station Modinagar, District Ghaziabad pending in the court of Special Judge POCSO Act III Ghaziabad during the pendency of present petition before this Hon'ble Court and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. On the matter being taken up, the learned counsel for applicant submits that applicant does not wish to press this application any further, therefore, this application be dismissed as not pressed. 5. Prayer made by learned counsel for applicant is not opposed by the learned AGA. 6. Accordingly, it is allowed. 7. In view of above, this application is accordingly dismissed as not pressed. 8. Interim order, if any, stands vacated. Order Date :- 6.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad