Court No. - 71 Case :- APPLICATION U/S 482 No. - 44641 of 2024 Applicant :- Akhilesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Srivastava,Sugendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. B.S. Susodia, Advocate, holding brief of Mr. A.P. Srivastava, the learned counsel for applicant and the learned A.G.A. for State. Applicant 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 allow this application and expedite the trial of S.T. No.210 of 2013 (State Versus Vinod Yadav) under section 147, 148, 149, 302, 307, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Badahalganj, District Gorakhpur pertaining to case crime no. 127 of 2012 and further direct the learned Additional Sessions Judge, Court No.3,/ Special Judge, Gangster Act, Gorakhpur (trial court) to conclude the proceeding of S.T. No.210 of 2013 (State Versus Vinod Yadav) under section 147, 148, 149, 302, 307, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Badahalganj, District Gorakhpur well within stipulated period as fix by this Hon'ble Court, otherwise the applicant will suffer irreparable loss and injury. At the very outset, learned A.G.A. submits that applicant earlier approached this Court by means of Application U/S No. 892 of 2021 (Akhilesh Yadav Vs. State of U.P.). The same was disposed of finally vide order dated 13.1.2021. For ready reference, the same is reproduced herein under: 1. Heard Mr. Anand Prakash Srivastava, learned counsel for applicant and learned AGA for State. 2. This application under section 482 Cr.PC has been filed for a direction to Additional Sessions Judge, Court No.4/ Special Judge, Gangster Act, Gorakhpur to conclude the proceeding of S.T. NO. 210 of 2013 (State Vs.Vinod Yadav) under Section 147, 148, 149, 302,307, 506 and 7 Criminal Law Amendment Act, Police Station Badahalganj, District- Gorakhpur. 3. Having heard learned counsel for applicant and learned A.G.A., this Court is of the opinion that interest of justice shall be served in case a direction is issued to court below to decide above mentioned case with all expedition without granting any unnecessary adjournment to either of the parties. 4. Accordingly, this application is finally disposed of by directing Additional Sessions Judge, Court No.4/ Special Judge, Gangster Act, Gorakhpur to decided S.T. NO. 210 of 2013 (State Vs.Vinod Yadav) under Section 147, 148, 149, 302,307, 506 and 7 Criminal Law Amendment Act, Police Station Badahalganj, District- Gorakhpur with all expedition and without granting any unnecessary adjournment to either of the parties. Subsequent to above order dated 13.1.2021, applicant approached this Court by means of another Application U/S 483 No. 1429 of 2024 (Akhilesh Yadav Vs. State of U.P.), which was dismissed as withdrawn vide order dated 21.10.2024. The same is extracted herein under: Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. On the matter being taken up, learned counsel for the applicant submits that he wants to withdraw the instant application with liberty to file fresh petition as provided under law. Therefore, the same may be dismissed as withdrawn. The instant application is, accordingly, dismissed as withdrawn with liberty as aforesaid. Certified copy of the impugned judgment and order shall be returned to the learned counsel for the applicant after retaining a photocopy of the same to be kept on record. On the above premise, the learned A.G.A. submits that present application under section 482 Cr.P.C. is the second application by applicant before this Court for the same cause of action. As such, same is not maintainable and therefore, no indulgence by this Court in present application. Learned A.G.A. has then referred to the judgement of Supreme Court in Superintendent and Remembrancer of legal affairs West Bengal Vs. Mohan Singh and others, 1975 (3) SCC 706, wherein Apex Court has held that a subsequent application under section 482 Cr.P.C. is maintainable provided new circumstance has emerged. Since there is nothing on record to establish the new circumstance if any the present application is liable to be dismissed. When confronted with above, the learned counsel for applicant submits that he does not wish to press this application. Learned A.G.A. has no objection the the prayer made by the learned counsel for applicant. In view of above, the application is accordingly dismissed as withdrawn. Interim order, if any, stands vacated. Order Date :- 31.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad