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Neutral Citation No. - 2025:AHC:4761 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37966 of 2024 Applicant :- Anmol Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Anjeet Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Counter affidavit filed by the learned A.G.A. in Court today, is taken on record. 4. Applicant-Anmol Singh, 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 allow the present application and quash the charge-sheet dated 17.02.2023 as well as order of cognizance/summoning dated 18.03.2023 panned by learned Chief Judicial Magistrato. Fatehpur and registered dann no. 1473 ΩΣ 2023 and thereafter matter was transferred to learned Additional District & Session Judge, Court No.3, Fatehpur end regintered S.T. No.481 of 2023, state of U.F. Vs. Anmol Singh, so now the entire criminal proceedings of 8.7. No.481 of 202, State of U.P. Vs. Anmol Singh, arising out of Case Urime No.943 of 2022, under section 376, 509, 354 (Gha), 505 T.P.C. anis 67 Information Technology Act. al Police Station Kotwall, District- Fatehpur is pending in the court of learned Additional District & Session Judge, Court No.3, Fatehpur. It is, further prayed that this Hon'ble Court may kindly be pleased to stay the entire criminal proceedings of S.T. No.481 of 2023, State of U.P. Vs. Anmol Singh, arising out of Case Crime No.943 of 2022, under section 376, 509, 354 (Gha), Technology Act, at 506 I.P.C. and 67 Police Station- Kotwali, Information District- Fatehpur, pending in the court of learned Additional
District & Session Judge, Court No.3, Fatehpur.during the pendency of present 482 Cr.P.C. application before this Hon'ble Court. otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other or further order of this Hon'ble Court, which may deem fit and proper."
5. After hearing the learned counsel for parties and upon perusal of record this Court finds that charges have been framed against applicant by Court below. Thereafter, the trial of applicant commenced. Upto this stage, two prosecution witnesses have deposed before Court below. 6.
In view of above, the prayer prayed for by means of present application under Section 482 Cr.P.C. has now been rendered infructuous. It is by now well settled that once the charges have been framed against accused the same have to be assumed by Court concerned one way or the other. As such, no effective relief can be granted by this Court in favour of applicant in present application. 7. In view of above, the present application fails and is liable to be dismissed as having rendered infructuous. 8. It is, accordingly, dismissed as having rendered infructuous. Order Date :- 9.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad