Neutral Citation No. - 2025:AHC:76898 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38303 of 2024 Applicant :- Janeshwar @ Bhuru And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aushim Luthra,Harishchandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Ankit Kumar Yadav, Advocate, holding brief of Sri Harishchandra Yadav, learned counsel appearing for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the impugned charge- sheet dated 29.02.2024, 04.07.2023, 12.08.2023, summoning/cognizance order dated 12.07.2023 as well as entire proceeding of Session Trial No.1681 of 2023 arising out of Case Crime No.0366 of 2022 (State vs.Janeshwar @ Bhuru and others), under section 304 I.P.C., Police Station Rampur Maniharan, District Saharanpur, pending in the court of Additional District & Session Judge/Fast Track Court, 1st Saharanpur. 3. Instant 482 Cr.P.C. application has filed by named accused persons and applicants challenged the order dated 29.02.2024 by which trial court has framed charges under section 304 I.P.C. Learned counsel for the applicants submits that informant challenged the charges before Hon'ble Apex Court and Hon'ble Apex Court in Ayyub Ali vs. State of Uttar Pradesh & others in Criminal Appeal No. Nil of 2025 arising out of SLP(Crl) No.13433 of 2024 has allowed the application of the informant by order dated 17.04.2025 with the observation that we find that the charge should have been framed under section 302 and not under section 304 I.P.C. Fresh charge will be framed under section 302 read with Section 34 I.P.C. and the trial will proceed accordingly. 4. In view of the Apex Court judgment, the aforesaid Application u/s 482 Cr.P.C. has become infructuous and is liable to be dismissed. 5. Hence, the Application u/s 482 Cr.P.C. is dismissed as infructuous. 6. Learned counsel for the applicants is permitted to file fresh application to challenge the same. Order Date :- 12.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad