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2025 DAILYLAW 81672 (ALL)

PRANAV KUMAR RAI v. State of U.P. AND ANOTHER

A482/24986/2024 · 2025-03-31

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45314 Court No. - 74 Case :- APPLICATION U/S 482 No. - 24986 of 2024 Applicant :- Pranav Kumar Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Pratap Singh Counsel for Opposite Party :- G.A.,Ramesh Kumar Chaurasia Hon'ble Saurabh Srivastava,J. 1. Heard Sri R.P.Singh, learned counsel for applicant and Sri Ramesh Kumar Chaurasia, learned counsel for opposite party no. 2 and learned AGA for the State. In Re: Modification Application no. 1 of 2024. 2. The instant application has been preferred with the prayer to "....allow the modification/correction application and to modify/correct the above noted case the prayer clause of Misc. Application u/s 482 Cr.P.C. and paragraph no. 19 of affidavit filed in support of application." 3. Cause shown for filing the instant application has not been satisfactorily explained by learned counsel for applicant. 4. The instant modification application is dismissed, since there is hardly any order which has been sought to be modified through the modification application. Order on Petition 5. Instant petition has been preferred with the prayer to ".... direct the learned lower court i.e. learned Additional Session Judge, Court no. 8/Special Judge, POCSO Act, Ballia to decide the Session Trial no. 98 of 2022 in Case Crime no. 238 of 2021 under sections 452, 323, 354kha, 506, 147, 325 IPC and 7/8 POCSO Act, PS- Sikandarpur, District- Ballia expeditiously as specific period as fixed by this Court." 6. Learned counsel for applicant submitted that he wishes to amend the prayer clause of the instant application by way of mentioning the prayer for seeking quashing of charge sheet dated 31.12.2021 and entire proceeding of Session Trial no. 98 of 2022. 7. It is further submitted by learned counsel for applicant that applicant has earlier approached this Court along with other co- accused by way of preferring Application u/s 482 no. 31181 of 2022 (Vidya Rai and 4 others vs. State of U.P. and 3 others), for seeking quashing of the charge sheet dated 31.12.2021 along with entire proceeding of Session Trial no. 98 of 2022 and the said application u/s 482 was decided finally vide order dated 27.09.2024 with observation - "disposed of as withdrawn with liberty to the applicants to appear before court below and file an appropriate application for bail before court below, which shall be decided by court below in light of decision rendered in Satender Kumar Antil vs. Central Bureau of Investigation and another..." 8. Per contra, Sri Ramesh Kumar Chaurasia, learned counsel for opposite party no. 2 and learned AGA vehemently opposed the prayer sought through the instant petition and submitted that repeated application u/s 482 for same cause of action is not maintainable. 9. After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that firstly the prayer sought through the instant application seeking expedite disposal of the aforesaid Session Trial no. 98 of 2022 in Case Crime no. 238 of 2021 is not maintainable while exercising inherent jurisdiction through application u/s 482 Cr.P.C, for that prayer, applicant may prefer appropriate proceeding before appropriate forum of law. Secondly, if applicant wishes to amend the prayer clause of instant application by way of mentioning prayer for quashing charge sheet dated 31.12.2021 along with entire proceeding of Session Trial no. 98 of 2022, the same can also not be permitted since, the same charge sheet along with entire proceeding of Session Trial no. 98 of 2022 has already been challenged by the applicant along with other co-accused persons through Application u/s 482 no. 31181 of 2022 and as such the second application for same cause of action is not maintainable. 10. In view of aforesaid discussions, the instant application is not maintainable, hence dismissed. Order Date :- 1.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad