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2025 DAILYLAW 105753 (ALL)

SRINIVAS v. STATE OF U.P. AND 4 OTHERS

A482/36884/2024 · 2025-05-26

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90716 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36884 of 2024 Applicant :- Srinivas Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1 .Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No.37966 of 2021 arising out of Case Crime No.398 of 2018 (State vs. Adalat and others), under sections 323, 504, 308 I.P.C., Police Station Chauri Chaura, District Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur. 3. This Court by order dated 16.12.2024 has passed the following orders:- "1. Heard Mr. Prateek Shukla Advocate holding brief of Mr. Adya Prasad Tewari, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Srinivas, who is an informant, 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 direct the Chief Judicial Magistrate, Gorakhpur to commit Criminal Case No. 37966 of 2021 State Vs. Adalat and others arising out of Crime Case No. 398 of 2018, u/Ss 323, 504, 308 IPC, Police Station: Chauri Chaura, District:Gorakhpur to the Court of Sessions as early as possible within stipulated period and allow the present application, and/or may pass such other and further orders as this Hon'ble Court may deem fit and proper to secure the ends of justice, meanwhile, otherwise, the applicant will suffer an irreparable loss and substantial injury." 4. Learned counsel for applicants submits that charge sheet was submitted against accused on 15.11.2018, upon which, cognizance was taken by jurisdictional Magistrate vide Cognizance Taking Order dated 04.08.2021. However, the case has not yet committed to the Court of Sessions. 5. In view of above, let a report be submitted by court below with regard to status and progress of concerned criminal case. 6. Matter shall re-appear as fresh on 13.01.2025. 7. The requisite report shall be transmitted by court concerned to this Court on or before 06.01.2025." 4. In pursuance of this Court order dated 16.12.2024, Chief Judicial Magistrate, Gorakhpur has submitted report by letter dated 22.04.2025, which is on record. It is apparent from the report that case of the applicant has committed to Court of Session on 17.04.2025. 5. In view of the report of Chief Judicial Magistrate, Gorakhpur, the instant Application u/s 482 Cr.P.C. has become infructuous and is liable to be dismissed as infructuous. 6. Hence, the Application u/s 482 Cr.P.C. is dismissed as infructuous. Order Date :- 27.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad