Neutral Citation No. - 2025:AHC:21770 Court No. - 71 Case :- APPLICATION U/S 482 No. - 43611 of 2024 Applicant :- Dhramveer Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ali Hamid, Advocate, holding brief of Mr. Sanjay Kumar Mishra, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record. 4. Applicant-Dhramveer Gautam, who is a charge sheeted accused, has approached this Court by means of present application with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 07.08.2024 as well as cognizance and summoning order dated 13.08.2024 submitted against the applicant (arising out of Case Crime No. 128 of 2024), State Versus Dharamveer', under sections 376 and 376(2)(n) IPC, Police Station Khetasarai, District Jaunpur, pending in the Court of learned Additional Civil Judicial Magistrate-I, Court No. 12, Jaunpur. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case. So that justice may be done with the applicant. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of S.T. No.314 of 2024, 'State Versus Dharamveer', under sections 376 and 376(2)(n) IPC, Police Station Khetasarai, District Jaunpur, pending in the Court of learned Additional Sessions Judge/FTC Court No.1, Jaunpur during pendency of present application before this Hon'ble Court. Otherwise the applicant shall suffer irreparable loss and injuries which can not be compensated in terms of money." 5. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that since charges have already been framed against applicant by Court below in exercise under Section 228 Cr.P.C., therefore, the prayer prayed for by means of present application has now been rendered infructuous. Once the charges have been framed against applicant, then Court is bound to answer the charges so framed one way or the other. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard, the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that since charges have already been framed against applicant by Court below vide order dated 04.09.2024 and there is no challenge to the framing of charge order passed by Court below, therefore, no effective relief can be granted to the applicant in present application. 8. In view of above, present application fails and is liable to be dismissed as having rendered infructuous. 9. It is, accordingly, dismissed as having rendered infructuous. 10. Interim order, if any, stands vacated. Order Date :- 10.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad