Neutral Citation No. - 2025:AHC:35989 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2973 of 2019 Petitioner :- Smt. Shashi And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prakash Chandra Pandey Counsel for Respondent :- G.A.,Gaurang Dwivedi,Vikas Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard Sri Gaurang Dwivedi, learned counsel for respondent no. 2 being the first informant as well as learned AGA. None is present on behalf of the petitioners. 2. The present petition has been preferred seeking the following reliefs:- "(i) Set aside the Impugned Order dated 28.04.2018 passed by the Learned Sessions Judge, Jalaun at Orai, framing the charges against the Applicants herein in respect of the Sessions Trial No. 44 of 2018 (State of U.P. Versus Santosh Bajpai & Another), u/Ss. 498A, 307 IPC & 3/4 of the Dowry Prohibition Act, 1961, Kotwali-Orai, District Jalaun. (ii) Direct to the Learned Judicial Magistrate, Jalaun to pass a fresh Order accordance with law in respect of the Sessions Trial No. 44 of 2018 (State of U.P. Versus Santosh Bajpai & Another), u/Ss. 498A, 307 IPC & 3/4 of the Dowry Prohibition Act, 1961, Kotwali-Orai, District Jalaun." 3. It is submitted by learned counsel for the respondent no. 2 that initially in pursuance to the FIR registered at Case Crime No. 0430 of 2017 in pursuance to Sections 498A, 307 IPC & 3/4 of the Dowry Prohibition Act, 1961, the matter has been committed for session trial and registered as Sessions Trial No. 44 of 2018. When order dated 28.04.2018 has been passed by learned Sessions Judge, Jalaun at Orai for framing of charges against the petitioners, the same impugned to this petition. 4. At preliminary stage, interim protection has been granted in favour of the petitioners and specific counter affidavit along with stay vacation application preferred at the behest of respondent no. 2. 5. During pendency of the instant petition, pleadings have already been exchanged and the matter is riped up for final hearing. 6. Today when the matter was listed in the daily cause list, the same has been mentioned to be taken up out of turn on priority basis and in pursuance to the same, notice for mentioning to be taken up has already been served upon learned counsel for the petitioners whose name is reflected in the daily cause list. 7. After receiving the notice, none appeared on behalf of the petitioners and as such no option left before this Court to decide the matter only on the basis of the materials available in the records as well as in the light of the arguments raised by learned counsel for respondent no. 2. 8. At the very outset, learned counsel for respondent no. 2 sought the attention of the Court vide order dated 25.08.2017 passed by coordinate Bench of this Court while dealing with Application U/S 482 No. 27113 of 2017 (Santosh Bajpai And Another Vs. State of U.P. And Another), wherein summoning order dated 17.07.2017 passed by learned Chief Judicial Magistrate, Jalaun at Orai along with charge sheet no. 01 of 2017 dated 30.06.2017 has been put under challenge, but it has been observed by coordinate Bench of this Court that after perusing the order impugned as well as averments made in the application, this Court is of the opinion that learned counsel for the applicant could not point out any legal infirmity in the instant application which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction. 9. Learned counsel for respondent no. 2 submitted that once the adjudication has already became final by this Court since order dated 25.08.2017 has ever put under challenge before any higher forum and as such the petitioners are not at all legally entitled to challenge the order through which the charges have been framed in pursuance to the same chargesheet which has been certified by coordinate Bench of this Court. 10. Arguments raised by learned counsel for respondent no. 2 seems to be justified and as such there is hardly any occasion available before the petitioners to pursue the instant petition by way of challenging the specific order for framing of charges wherein the chargesheet has already been approved by judicial order passed by coordinate Bench of this Court vide order dated 25.08.2017. 11. The writ petition stands dismissed accordingly. Order Date :- 11.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad