MANISH ALIAS MANISH KUMAR KUSHWAHA v. State of UP AND 2 OTHERS
A482/38900/2024 · 2025-01-10
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107425 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:5477 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38900 of 2024 Applicant :- Manish Alias Manish Kumar Kushwaha Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- Anand Kumar,G.A.,Suvansit Kumar Jaiswal Hon'ble Rajeev Misra,J.
1. Heard Mr. Tarun Jha, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Manish @ Manish Kumar Kushwaha, 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 this application and quash the entire proceeding Session Trial No. 131 of 2024, arising out of case crime No. 48 of 2024, Under Sections: 376, 506 of I.P.C. at Police Station- Churkhi, District: Jalaun, pending in the court of learned Additional District Judge/Fast Track Court/ Crime Against Women, Jalaun at Orai, on the basis of compromise. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the entire proceeding of Session Trial No. 131 of 2024, arising out of case crime No. 48 of 2024, Under Sections: 376, 506 of I.P.C. at Police Station- Churkhi, District: Jalaun, pending in the court of learned Additional District Judge/Fast Track Court/ Crime Against Women, Jalaun at Orai, during the pendency of the present criminal misc. application before this Hon'ble Court, so that justice may be done."
4. After some arguments, the learned counsel for applicant fairly submits that during pendency of present application before this court, the trial of applicant commenced before Court below. The Court concerned not only framed charges against applicant but also summoned the witnesses. Consequently, PW-1 first informant and PW-2 the prosecutrix have deposed before Court below. In view of above, the prayer prayed for by means of present application has now been rendered infructuous. It is well settled that once the charges have been framed by Court below, the Court
is bound to answer the same by one way or the other. In view of above, the veracity of the proceedings cannot be examined by this Court at this stage. 5. As a result, the present applications fails and is liable to be dismissed as having rendered infructuous. 6.
It is, accordingly, dismissed as having rendered infructuous. Order Date :- 10.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad