Neutral Citation No. - 2025:AHC:72789 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 7916 of 2025 Applicant :- Shakil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Amish Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohd Amir, Advocate, holding brief of Mr. Mohd Amish, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Shakil, who is a charge sheeted accused, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the order dated 20.02.2025 passed by the learned Special judge (E.C Act)/Additional District Session Judge, Ghaziabad by means of which the court below in an absolutely illegally and arbitrary manner has wrongly passed the order rejecting the application filed on behalf of the applicant u/s 311 CrPC in session trial No. 670 of 2005 arising out of Case Crime No.86 of under 2003 Section 394/411/302/201/120B IPC Police Station - Hafizpur, District Ghaziabad (Presently Hapur), otherwise the applicants shall suffer irreparable loss and injury which cannot be compensated in any terms. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceedings of S.T no 670 of 2005 (State Vs. Joginder and others) arising out of Case Crime no 86 of under 2003 Section 394/411/302/201/120B IPC Police Station Hafizpur, District Ghaziabad (presently Hapur) pending before learned Special Judge (E.C Act)/a\Additional District and Session Judge Ghaziabad, during the pendency of instant application otherwise the applicants shall suffer irreparable loss and injury which cannot be compensated in any terms." 4. On the matter being taken up, the learned counsel for applicant submits that since applicant has already been acquitted by Court below, therefore, the present application has now been rendered infructuous. He, therefore, submits that in view of above, present application be dismissed as having rendered infructuous. 5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 6. In view of above, this application is, accordingly, dismissed as having rendered infructuous. 7. Interim order, if any, stands vacated. Order Date :- 6.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad