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2025 DAILYLAW 107826 (ALL)

SANJEEV MITTAL v. State of UP AND 3 OTHERS

A482/40007/2024 · 2025-03-16

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37614 Court No. - 70 Case :- APPLICATION U/S 482 No. - 40007 of 2024 Applicant :- Sanjeev Mittal Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Ashish Goyal, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant-Sanjeev Mittal who is a charge sheeted accused ad facing trail before Court below has approached this Court by means 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 under 482 Cr.P.C. and quash the impugned order dated 22.10.2024 passed by Additional District and Session Judge/Special Judge (POCSO Act) Court No.28, Agra, in S.T. No. 870 of 2023 (State Vs. Yogesh and others), arising out of Case Crime No. 81 of 2023, Under Section 376, 120B I.P.C. 3/4 and 16/17 POCSO Act, and Section 3, 4, 5, 6, 7, 8 I.T.P. Act Police Station Tajganj, District Agra. It is further prayed that this Honble Court may graciously be pleased to stay the further proceedings of S.T. No. 870 of 2023 (State Vs. Yogesh and others), arising out of Case Crime No. 81 of 2023, Under Section 376, 120B I.P.C. 3/4 and 16/17 POCSO Act, and Section 3, 4, 5, 6, 7, 8 I.T.P. Act Police Station Tajganj, District Agra, pending before the court of Additional District and Session Judge/Special Judge (POCSO Act) Court No.28, Agra, during the pendency of the present application under section 482 Cr.P.C. before this Hon'ble Court, and/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." At the very outset, Court raised a pointed query as to whether court below in exercise of jurisdiction under section 228 Cr.P.C. has framed charges against applicant or not. Learned counsel for applicant fairly submits that charges have been framed by Court below against applicant. However, the framing of charge order has not been challenged by applicant by filing a separate application under section 482 Cr.P.C. It is by now well settled that once the charges have been framed, the question of discharge becomes academic. Once the charges have been framed against accused applicant by court below, then court is bound to answer the same. The veracity of the criminal proceedings cannot be examined by this Court at this belated stage. As such, no effective relief can be granted by this Court in this application. When confronted with above, the learned counsel for applicant could not overcome the same. 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 objection raised by learned A.G.A. to this application are clearly borne out of the record and furthermore the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. As such, no good ground exists to entertain the present application. In view of above, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 17.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad