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2025 DAILYLAW 110681 (ALL)

RAJU v. STATE OF U.P. AND ANOTHER

A482/43046/2024 · 2025-03-18

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40950 Court No. - 70 Case :- APPLICATION U/S 482 No. - 43046 of 2024 Applicant :- Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Narayan Singh(Kushwaha), the learned counsel for applicant and the learned A.G.A. for State- opposite party-1. 2. Perused the record. 3. Applicant-Raju, who is a charge sheeted accused and facing trial before Court below, 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 the application and to quash/set-aside the impugned order dated 14.10.2024, passed by the learned Special Judge (Exclusive Court, POCSO Act.)/Additional Session Judge, Etah, rejecting the application under section 311 Cr.P.C. of the applicant, without given opportunity of cross-examination of witnesses PW-1, in P.S.T. No. 91 of 2017 (State Versus Raju) under section 363, 366, 376. I.P.C. and under section 4 Protection of Children From Sexual Offences Act. 2012, arising out of the Case Crime No. 83 of 2017, under section 363, 366, 376. I.P.C. and under section 4 Protection of Children From Sexual Offences Act. 2012 Police Station Malawan, pending in the court of learned Special Judge (Exclusive Court, POCSO Act.)/Additional Session Judge, Etah, District Etah. It is further prayed that this Hon'ble Court may graciously be pleased to direct to the Court below to pass appropriate order with regard to the summon to P.W. 1 namely informant Than Singh and may be allow to cross examination in P.S.T. No. 91 of 2017 (State Versus Raju) under section 363, 366, 376. I.P.C. and under section 4 Protection of Children From Sexual Offences Act. 2012, arising out of the Case Crime No. 83 of 2017, Police Station Malawan, pending in the court of learned Special Judge (Exclusive Court, POCSO Act.)/Additional Session Judge, Etah, District Etah, and such other and further order or orders as may be deemed to be necessary under the facts and circumstances of the case may also kindly be passed." 4. On the matter being taken up, the learned counsel for applicant submits that by efflux of time present application has now been rendered infructuous. He, therefore, submits that in view of above, present application be dismissed as having rendered infructuous. 5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 6. In view of above, this application is, accordingly, dismissed as having rendered infructuous. 7. Interim order, if any, stands vacated. Order Date :- 19.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad