Court No. - 71 Case :- APPLICATION U/S 482 No. - 44625 of 2024 Applicant :- Brajesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Avanish Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant-Brajesh Yadav who is charge sheeted accused has approached this Court by means of present application with the following relief: It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of case No. 888 of 2022 (State Vs. Ramashish and others), pending before the court of learned Additional Sessions Judge/Special Judge Prevention of Corruption Act, Gorakhpur, arising out of case crime No. 280/ 2021, Under Section 147, 148, 149, 302, 323, 324, 504, 307 I.P.C., Police Station Badahalganj, District Gorakhpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of case No. 888 of 2022 (State Vs. Ramashish and others), pending before the court of leamed Additional Sessions Judge/Special Judge Prevention of Corruption Act, Gorakhpur arising out of case crime No. 280 /2021, Under Section 147, 148, 149, 302, 323, 324, 504, 307 I.P.C., Police Station Badahalganj, District Gorakhpur, during the pendency of the present application under section 482 Cr.P.C. before this Hon'ble Court. And/or to pass such other and further orders, which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury. After some argument learned counsel for applicant fairly submits that charges have already been framed against applicant vide framing of charge order dated 17.5.2022. Subsequent to above order, seven prosecution witnesses have deposed before Court below. In view of above, the prayer prayed for by means of present application is misconceived. As such, present application is liable to be dismissed. When confronted withe above, the learned counsel for applicants could not overcome the same. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out of the record and further the same could not be dislodged by the learned counsel for applicant, with reference to the record at this stage. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 31.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad