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2025 DAILYLAW 7782 (ALL)

VINOD AGRAWAL v. STATE OF U.P. AND ANOTHER

A482/1064/2025 · 2025-05-13

Manju Rani Chauhan

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:79345 Court No. - 52 Case :- APPLICATION U/S 482 No. - 1064 of 2025 Applicant :- Vinod Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- K.K.Rao,Rajeev Kumar,Vijay Tripathi Counsel for Opposite Party :- Anil Kumar,Dharmendra Singh,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Earlier, the matter was argued by Mr. Vijay Tripathi, one of the counsels for the applicant. 2. Today, Mr. K.K. Rao, Advocate, has been subsequently engaged to argue the matter on behalf of the applicant. He argued the matter afresh, at length. In support of his submissions, he has placed reliance upon certain judgments of the Supreme Court. 3. While the Court started dictating the order detailing the brief facts as alleged in the FIR, it was pointed out by learned A.G.A. that an appeal being Criminal Appeal No.4017 of 2023 has already been filed by the applicant, wherein a Co-ordinate Bench of this Court by order dated 08.08.2023 has confirmed the order framing the charges against the applicant. 4. It is very strange that when the Court put a specific query to counsel for the applicant as to whether the order of framing of charges has been challenged or not, Mr. K.K. Rao, the subsequently engaged counsel for the applicant, pointed out at page 93 of the paper-book, but did not address the Court by initially mentioning the order of framing of charges passed in Criminal Appeal No.4017 of 2023, dated 08.08.2023. 5. The aforesaid order, to the best of knowledge, has not been challenged at any stage and thus has attained finality. 6. Once the Court has already entertained the matter, therefore, the present application is not maintainable in view of the order passed in Criminal Appeal No.4017 of 2023. 7. The application lacks merits and is, accordingly, dismissed. Order Date :- 14.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad