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2025 DAILYLAW 12602 (ALL)

PANKAJ GUPTA v. STATE OF U.P. AND ANOTHER

A482/2954/2025 · 2025-05-07

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75624 Court No. - 70 Case :- APPLICATION U/S 482 No. - 2954 of 2025 Applicant :- Pankaj Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Farhan Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A.,Kuldeep Maurya,Vinod Kumar Singh Hon'ble Rajeev Misra,J. Heard Mr. Farhan Khan, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Pankaj Gupta, who is a named as well as 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 allow this application (under section 482 Cr.P.C.) and quash the entire criminal proceeding of S.T. No.636 of 2024 (State Vs. Pankaj Gupta and others) arising out of Case Crime No. 31 of 2024, Under Section 376, 504, 506 I.P.C., Police Station Khukhundu, District Deoria, including charge sheet dated 11.03.2024 submitted against applicant as well as cognizance/summoning order dated 01.04.2024 passed by learned A.C.J./FTC Deoria. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceeding of S.T. No.636 of 2024 (State Vs. Pankaj Gupta and others) arising out of Case Crime No. 31 of 2024, Under Section 376, 504, 506 I.P.C., Police Station Khukhundu, District Deoria, including charge sheet dated 11.03.2024 submitted against applicant as well as cognizance/summoning order dated 01.04.2024 passed by learned A.C.J./FTC Deoria, during the pendency of the present application before this Hon'ble Court, so that justice be done; and/or pass such other and further order or direction as this Hon'ble court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." On the matter being taken up, the learned A.G.A. submits that charges have already been framed against applicant by Court below, vide framing of charge order dated 5.12.2024 in exercise of jurisdiction under Section 228 Cr. P. C. In absence of any challenge to the framing of charge order passed by court below, prayer prayed for by means of present application is now misconceived. As such, this application is liable to be dismissed. When confronted with above, the learned counsel for applicant fairly submits that he be permitted to withdraw the present application with liberty to file fresh with better particulars, details and proper relief. Prayer made by the learned counsel for applicant is not opposed by the learned A.G.A. It is, accordingly, allowed. Present application is, thus, dismissed as withdrawn with liberty aforesaid. Certified copies of the documents appended along with this application shall be returned to the learned counsel for applicant after obtaining photo copies of the same to be kept on record. Order Date :- 8.5.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad