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Neutral Citation No. - 2025:AHC:20682 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41015 of 2024 Applicant :- Madhuri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Suresh Dhar Dwivedi, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Madhuri, who is first informant, has approached this Court by means of present application under Section 482 Cr.P.C. with the following relief:-
"It is, therefore, MOST RESPECTFULLY PRAYED that this Hon'ble court may graciously be pleased to set-uside/quash the impugned order dated the order dated 24.10.2024 passed by learned Special Judge (Pocso Act)/Additional Session Judge, Court No.8 Shahjahanpur in Session Case No.760 of 2024 (State Vs. Deshraj) arising out of case crime no.285 of 2024, u/s. 363, 366, 376AB I.P.C. and section 5(M)/6 Pocso Act, P.S. Tilhar, District Shahjahanpur. It is further prayed that this Hon'ble court may kindly be pleased to direct the learned trial court to recall the witnesses/P.W.-1 (victim), in for the ends of justice; otherwise the applicant shall suffer an irreparable loss and injury."
4. At the very outset, the learned A.G.A. submits that Session Case No.760 of 2024 (State Vs. Deshraj) has already been decided by Court below vide order dated 14.11.2024 passed by Special Judge (POCSO Act)/Additional Session Judge, Court No.8 Shahjahanpur. As such, present application has now been rendered infrastructure.
5. When confronted with above, the learned counsel for applicant could not overcome the same.
6. Having heard the learned counsel for applicant, the learned
A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record, but 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.
7. As a result, the present application fails and is liable to be dismissed as having rendered infructuous.
8. It is, accordingly, dismissed as having rendered infructuous.
9. Interim order, if any, stands vacated. Order Date :- 13.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad