Neutral Citation No. - 2025:AHC:14909 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38843 of 2024 Applicant :- Ajeet Gupta Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Abhishek Gupta,Syed Mohammad Abbas Abdy,Ujair Sarfraj Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Syed Mohammad Abbas Abdy, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Ajeet Gupta, who is the first 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 kindly be pleased to allow the present application and set-aside the impugned order dated 7.10.2024 passed by Additional District and Section Judge, Court no. 7, Kanpur Nagar in Session Trial No. 1524 of 2023 (State of U.P. Vs. Manoj Kumar and others), arising out of case crime no. 98 of 2023, under section 302, 386, 504, 506, 34 I.P.C., P.S. Nazirabad, District -Kanpur Nagar (Annexure no. 1 to the affidavit) and the application no. 47 Kha. & 49 Kha. May be decided afresh & to send the Hard Disk for Data recovery of the footage of incident. May further be pleased to stay the effect and operation of the impugned order dated 7.10.2024 passed by Additional District and Section Judge, Court no. 7, Kanpur Nagar in Session Trial No. 1524 of 2023 (State of U.P. Vs. Manoj Kumar and others), arising out of case crime no. 98 of 2023, under section 302, 386, 504, 506, 34 I.P.C., P.S. Nazirabad, District Kanpur Nagar as well as the trial, during the pendency of the present criminal misc. application (Under Section 482 Cr.P.C.) before this Hon'ble Court, otherwise the applicant will suffer great irreparable loss and injury, and/or pass such other suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. Present application came up for admission on 09.01.2025. However, in view of the request made by the learned A.G.A. to enable him to obtain further instructions in the matter, the hearing was adjourned. 5. On the matter being taken up today, the learned A.G.A. submits that he has received detailed instructions in the matter. 6. On the basis of above, it is contended by the learned A.G.A. that subsequent to the order dated 07.10.2024, Court below has passed the order dated 25.11.2024. For ready reference, the order dated 25.11.2024 is extracted herein below:- "25.11.2024 पततवलल पपश हहई। पपकतर पर अभभयपकगण उपसससत। आज कपययटर आपरपटर ररभहत कप मतर कत सतकय अभकत भकयत गयत और नयतयतलय मम लगप कमपययटर सससटम पर एक भमनट 34 सपकप णड कक पपन डडतइय चलतकर दपखल गई और पपन डडतइव कप तथयर कर उभयपकक कक उपसससभत मम कमपययटर सककन पर दपखकर अभकत भकयत गयत तसत सतकल सप पभतपरलकत कक गई। पततवलल वतसतप शपष पभतपरलकत भदनतअक 27.11.2024 कर पपश हर।" 7. On the above premise, the learned A.G.A. submits that in view of above, the present application has now been rendered infructuous. 8. When confronted with above, the learned counsel for applicant could not overcome the same. 9. Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objections raised by the learned A.G.A. in opposition to this application is 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.. 10. As a result, the present application fails and is liable to be dismissed as having rendered infructuous. 11. It is, accordingly, dismissed as having rendered infructuous. Order Date :- 17.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad