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Neutral Citation No. - 2025:AHC:11801 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40690 of 2024 Applicant :- Shila Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anupam Kumar,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Saurabh Tripathi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Shila Devi, who is 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 graciously be pleased to direct the Trial Court (Special Judge S.C./S.T. Act Farrukhabad District Farrukhabad) to decide the S.T. No.08 of 2018, State of U.P. Vs. Gopal and another, Case Crime No. 369 of 2016 Under Section 452, 323, 504, 342, 384, 376 IPC & U/S 3(2)V S.C/S.T. Act Police Station Kotwali Farrukhabad, District Farrukhabad expeditiously if possible within a period of six months on the basis of day to day hearing. And/Or pass such other and further order as this Hon'ble court may deem fit and proper under the circumstances of the case."
4. At the very outset, the learned A.G.A. invited attention of the Court to the order dated 08.01.2019 passed by this Court in Application under Section 482 Cr.P.C. No. 47641 of 2018 (Smt. Shushma and another Vs. State of U.P. and Another). For ready reference, the same is reproduced hereinunder:-
"The contention advanced by the learned counsel for the applicants is that entire episode is about the result of the consent of the parties and the applicants have been falsely implicated in the criminal case. Insofar as the applicant No.1, namely, Smt. Shushma is concerned this Court declines to interfere with the criminal proceedings pending before the court below However, it is provided that she may apply for bail before the court below. In the event, such bail application is filed, the same shall be considered in accordance with the settled principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs.
State of U.P. So far as the applicant No.2 is concerned, the Court finds prima facie contention advanced by the learned counsel for the applicant that the applicant No.2, namely, Rama @ Raama has no role to play in the matter and that she is unmarried girl. Matter requires consideration so far as the applicant No.2 is concerned. Issue notice to the opposite party No.2 returnable within six weeks. Learned Additional Government Advocate may file counter affidavit within the aforesaid period. Rejoinder affidavit, if any, may file within two weeks thereafter. List immediate thereafter. In the meantime until further orders of this Court, further proceedings against the applicant No.2 pursuant to the Special Sessions Trial No.08 of 2018 arising out of Case Crime No. 369 of 2016, under Sections 452, 323, 504, 506, 342, 384 I.P.C. and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station- Kotwali Farrukhabad, District- Farrukhabad, shall remain stayed."
5. On the above premise, the learned A.G.A. contends that since the trial of co-accused Smt. Shushma has already been stayed by this Court and there being nothing on record to show that trial of aforementioned co-accused has been segregated by Court below in exercise of jurisdiction under Section 317(2) Cr.P.C., therefore, prayer prayed by means of present application is misconceived. As such, present application is liable to be dismissed. 6. At this juncture, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application. 7. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 8. In view of above, the present application is, accordingly, dismissed as withdrawn. 9. Interim order, if any, stands vacated. Order Date :- 23.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad