Neutral Citation No. - 2025:AHC:38317 Court No. - 70 Case :- APPLICATION U/S 482 No. - 20833 of 2024 Applicant :- Pramod Shahi @ Mantu Shahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Arya,Rajneesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Aman Arya, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Ashutosh, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicant-Pramod Shahi @ Mantu Shahi, 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 quash the Summoning Order dated 26.8.2019 and Chargesheet dated 26.4.2019 as well as entire proceeding of Special Case No.343 of 2022 (State Vs. Pramod Shahi @ Mantu Shahi) arising out of Case Crime No.572 of 2018, U/S 376, 506 I.P.C., P.S. Pipraich, District Gorakhpur, pending in the court of Judicial Magistrate-III, Gorakhpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Special Case No.343 of 2022 (State Vs. Pramod Shahi @ Mantu Shahi) arising out of Case Crime No.572 of 2018, U/S 376, 506 I.P.C., P.S. Pipraich, District Gorakhpur, pending in the court of Judicial Magistrate-III, Gorakhpur, during the pendency of present Criminal Misc. Application, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the Applicant shall suffer an irreparable loss and injury." 4. On the matter being taken up, the Court raised a pointed query as to whether charges have been framed against applicant or not. 5. Learned counsel for applicant fairly submits that the trial is at a very advance stage and the statement of accused-applicant in terms of Section 313 Cr.P.C. has also been recorded. 6. The learned A.G.A. submits that in view of above, the prayer made in this application is wholly misconceived as an offence under Section 376 IPC is triable by Court of Sessions. Referring to the documents on record, the learned A.G.A. submits that applicant is facing trial in Sessions Case No. 343 of 2022 (State Vs. Pramod Shahi), under Sections 376, 506 IPC, which is pending in the Court of Additional Sessions Judge/F.T.C.-I, Gorakhpur. 7. At this juncture, the learned counsel for applicant submits that this application be dismissed as not pressed. 8. Learned A.G.A. for State-opposite party-1 and Mr. Ashutosh, the learned counsel representing first informant-opposite party-2 do not oppose the prayer made by the learned counsel for applicant. 9. In view of above, this application is, accordingly, dismissed as not pressed. 10. Interim order, if any, stands vacated. Order Date :- 18.3.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad