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2025 DAILYLAW 104077 (ALL)

RAMAN v. State of U.P. AND ANOTHER

A482/36460/2024 · 2025-02-16

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22637 Court No. - 71 Case :- APPLICATION U/S 482 No. - 36460 of 2024 Applicant :- Raman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ashok Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Raman, 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 graciously be pleased to quash the order dated 02.01.2024 passed by learned Sessions Judge Mainpuri rejected the application under section 227 of Cr.P.C in Proceeding of S.T No.751 of 2023, State Vs.Raman & others arising out of Case Crime No.157 of 2023, Under Sections 147, 148,149, 307, 302, 504 I.P.C and 3/25/27 Arm Act P.S Bevar, District- Mainpuri against the applicant, otherwise applicant shall suffer irreparable loss. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of S T NO. 751 of 2023, State Vs.Raman & others, during pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further orders which this Hon'ble court may deem fit and proper in the circumstances of the case." 4. Counter affidavit filed by the learned A.G.A. in Court today, is taken on record. 5. On the matter being taken up, the learned A.G.A. submits that the charges have already been framed against accused-applicant by Court below in exercise of jurisdiction under Section 228 Cr.P.C., vide framing of charge order dated 23.01.2024. In view of above, the prayer prayed for by means of present application has now been rendered infructuous. As such, the present application is liable to be dismissed as having rendered infructuous. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed as having rendered infructuous. 9. It is, accordingly, dismissed as having rendered infructuous. Order Date :- 17.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad