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2025 DAILYLAW 11579 (ALL)

ANKIT v. STATE OF U.P. AND 3 OTHERS

A482/3757/2025 · 2025-04-21

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60210 Court No. - 70 Case :- APPLICATION U/S 482 No. - 3757 of 2025 Applicant :- Ankit Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amarjeet Choudhary,Sangam Singh Counsel for Opposite Party :- G.A.,Rajiv Sisodia Hon'ble Rajeev Misra,J. 1. Heard Mr. Amarjeet Choudhary, the learned counsel for applicant, the learned AGA for State-opposite party-1 and Mr. Shashank Dwivedi, Advocate holding brief of Mr. Rajiv Sisodia, the learned counsel representing opposite party-2/first informant. 2. Perused the record. 3. Applicant- Ankit, 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 kindly be pleased to:- (i) quash the entire criminal proceeding of SST No. 448 of 2024 (State of U.P. vs. Ankit) under Section 363, 366, 376 IPC and 3/4 POCSO Act, pending before the Court of Additional District Judge and Session Judge, POCSO Act, 1st, District-Amroha, arising out of Case Crime No. 370 of 2024, under Section 363 IPC, P.S.-Hasanpur, District-Amroha. (ii) quash the cognizance/summoning order dated 16.08.2024 passed by the Court of Additional District Judge and Session Judge, POCSO Act, 1st, District-Amroha in SST No. 448 of 2024 (State of U.P. vs. Ankit) under Section 363, 366, 376 IPC and 3/4 POCSO Act, as well as charge- sheet, having charge-sheet No. 213 of 2024, under Section 363, 366, 376 IPC and 3/4 POCSO Act, arising out of Case Crime No. 370 of 2024, under Section 363 IPC, P.S.-Hasanpur, District-Amroha. It is further prayed that the Hon'ble Court may kindly be pleased to stay further proceeding of SST No. 448 of 2024 (State of U.P. vs. Ankit) under Section 363, 366, 376 IPC and 3/4 POCSO Act, pending before the Court of Additional District Judge and Session Judge, POCSO Act, 1st, District- Amroha, arising out of Case Crime No. 370 of 2024, under Section 363 IPC, P.S.-Hasanpur, District-Amroha. And/or pass such other and further order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, the learned counsel for applicant fairly submits that hearing of this application be adjourned so as to bring on record the depositions of PW-1 first informant and PW-2 victim. 5. At this juncture, the learned AGA thus submits that once the trial of the applicant has already commenced and prosecution witnesses have deposed before court below, therefore, the prayer made by means of present application is now misconceived and no effective relief can be granted to applicant in this application. As such present application is liable to be dismissed. 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, the learned counsel representing opposite party- 2/first informant and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. and the learned counsel representing opposite party-2/first informant in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 22.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad