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2025 DAILYLAW 7743 (ALL)

SATTU YADAV ALIAS DHARMENDRA KUMAR YADAV v. STATE OF U.P. AND ANOTHER

A482/1953/2025 · 2025-05-04

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71323 Court No. - 70 Case :- APPLICATION U/S 482 No. - 1953 of 2025 Applicant :- Sattu Yadav Alias Dharmendra Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Dharmendra Pratap Singh, the learned counsel for applicant and the learned AGA for State/opposite party-1. 2. Perused the record. 3. Applicant- Sattu Yadav Alias Dharmendra Kumar Yadav, 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 graciously may be pleased to allow the present application and quashing the entire further proceedings in Case No.106 of 2019 (State Vs. Sattu Yadav) arising out of case crime No.0161 of 2019 under Sections 376, 504, 506 I.P.C., 3/4 POCSO Act, read with under Section 3 (2) (V) SC/ST Act, Police Station Kadaura, District Jalaun pending before Additional District Judge/Special Judge POCSO Act Jalaun at the place of Urai on the basis of compromise between the both parties dated 30.07.2024, and/or passed such other and further order or direction, which this Hon'ble Court may deem fit and proper under the facts & circumstances of the case." 4. On the matter being taken up, the learned AGA submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant/opposite party-2 on 11.01.2025. However, in spite of service of notice, neither any counter affidavit has been filed by the first informant/opposite party-2 in opposition to this application nor anyone has put in appearance on his behalf to oppose this application even in revised call. 5. Learned counsel for applicant submits that due to inadvertence, the High Court Legal Services Committee, High Court and the District Legal Services Committee, Jalaun could not be impleaded as party respondents in present application even though they are necessary and proper parties as present application arises out of proceedings under the POCSO Act. He, therefore, seeks permission of Court to amend the cause title of this application by impleading aforementioned authorities as party respondents/opposite parties 3 & 4. 6. Prayer made by the learned counsel for applicant is bona fide. Same is not opposed by the learned AGA representing State- opposite party-1. 7. Accordingly, it is allowed. 8. Let necessary amendment in the cause title of this application be carried out by the learned counsel for applicant during course of the day. 9. At the very outset, learned counsel for applicant submits that as per telephonic message received by him, the trial of applicant has already been concluded and applicant has been convicted by court below. On the above premise, he submits that no cause of action now survives with the applicant to maintain the present application. 10. It is thus urged by the learned counsel for applicant that present application be dismissed as having rendered infructuous. 11. Prayer made by learned counsel for applicant is not opposed by the learned AGA. 12. Accordingly, it is allowed. 13. In view of above, this application is accordingly dismissed as having rendered infructuous. 14. Interim order, if any, stands vacated. Order Date :- 5.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad