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Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 42739 of 2024 Applicant :- Rahul And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Antima Rajbhar,Hari Prakash Tiwari Counsel for Opposite Party :- Anuj Srivastava,G.A.,Manas Tripathi Hon'ble Rajeev Misra,J.
1. Heard Mr. Abhishek Pal Singh, Advocate, holding brief of Mr. Hari Prakash Tiwari, the learned counsel for applicants, the learned A.G.A. for State and Mr. Manas Tripathi, the learned counsel representing first informant opposite party-2.
2. Perused the record.
3. Applicants- Rahul And Another who are charge sheeted accused, have 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 this application and quash the under section 84(2) B.N.S.S. proceeding of order dated 18.11.2024, arising out of Case Crime No. 236 of 2024 under Section 191(2), 191(3), 190, 3(5), 103, 109 B.N.S. Police Station- Doghat District- Baghpat, pending before the learned Court of C.J.M, Baghpat. It is, further, be prayed that this Hon'ble Court may graciously be pleased to stay the under section 84(2) B.N.S.S. proceeding of
order dated 18.11.2024, arising out of Case Crime No. 236 of 2024 under Section 191(2), 191(3), 190, 3(5), 103, 109 B.N.S. Police Station Doghat, District- Baghpat, pending before the learned Court of C.J.M, Baghpat, otherwise the applicant shall suffer irreparable loss and injury, and/or may pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. "
4. On the matter being taken up, the learned counsel representing first informant opposite party-2 submits that present application has now been rendered infructuous inasmuch as both the applicants have been arrested during the pendency of present application. Applicant-1 Rahul has therefore been enlarged on bail,
whereas, the bail application of applicant-2 Vikki is pending
consideration before this Court. He therefore, contends that in view of above, since no effective relief can be granted in present application, therefore, present application be dismissed as having rendered infructuous.
5. Per contra, the learned A.G.A. has no objection to the prayer made by the learned counsel for applicants.
7. As a result, the present application fails and is liable to be dismissed as withdrawn.
8. It is, accordingly, dismissed as withdrawn.
Order Date :- 24.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad