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Neutral Citation No. - 2025:AHC:19790 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3323 of 2025 Applicant :- Tabrej Opposite Party :- State of U.P. and Another Counsel for Applicant :- Iqubal Hussain,Khalid Mahmood Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Khalid Mahmood, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant- Tabrej who is a charge sheeted accused 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 graciously be pleased to allow the present Criminal Misc. Application under section 482 Cr.P.C. and quash the Charge Sheet dated 10.08.2023 as well as cognizance order dated 19.08.2023 along with the entire proceedings of S.T No. 1539/2023 (State vs. Tabrej, arising out of Case Crime No. 0470/2023, under Section 376, 304, 506 I.P.C. and Section 67b Information Technology Act, registered at Police Station- Kasya, District- Kushinagar, pending before Learned Additional District and Sessions Judge, F.T.C. II, Kushinagar Padrauna. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding of S.T No. 1539/2023 (State vs. Tabrej), arising out of Case Crime No. 0470/2023, under Section 376, 384, 506 I.P.C. and Section 67b Information Technology Act, registered at Police Station- Kasya, District- Kushinagar, pending before Learned Additional District and Sessions Judge, F.T.C. II, Kushinagar Padrauna, otherwise applicant will suffer irreparable loss and injury. And/or to pass such or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." After some arguments, the learned counsel for applicant submits that trial of applicant has already commenced before Court below and prosecutrix has deposed before Court below as P.W.1. However, she has not supported the prosecution story as unfolded in the F.I.R.
At this juncture, the learned A.G.A. raised a preliminary objection that in view of above, prayer prayed for by means of present application has now been rendered infructuous. As such, present application is liable to be dismissed. When confronted with above, the learned counsel for applicant could not overcome the same. In view of above, this application is accordingly dismissed as having rendered infructuous. Order Date :- 11.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad