Neutral Citation No. - 2025:AHC:71665 Court No. - 70 Case :- APPLICATION U/S 482 No. - 2003 of 2025 Applicant :- Lakhan Tomar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saroj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Saroj Kumar Tiwari, the learned counsel for applicant and the learned A.G.A. for State- opposite party-1. 2. Perused the record. 3. Applicant- Lakhan Tomar, 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 allow this application and quash the entire criminal proceeding of session trial no.3037 of 2024 arising out of case crime no.262 of 2023 (State Vs. Lakhan Tomar) under section 506, 376 I.P.C. and 66-A, 66-E Information Technology (Amendment) Act, Police Station- Dehll Gate, District-Aligarh as well as discharge impugned order dated 20.12.2024 passed by learned Additional Sessions judge, Fast Track Court-01, Aligarh. It is, further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of session trial no.3037 of 2024 arising out of case crime no.262 of 2023 (State Vs. Lakhan Tomar) under section 506, 376 I.P.C. and 66-A, 66-E Information Technology (Amendment) Act, Police Station- Dehli Gate, District-Aligarh as well as discharge impugned order dated 20.12.2024 passed by learned Additional Sessions judge, Fast Track Court-01, Aligarh, during the pendency of present application before this Hon'ble Court, so that justice may be done, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that Court below has already framed charges against applicant vide framing of charge order dated 20.12.2024. He, therefore, contends that once the charges have been framed by Court below, then Court below is bound to answer the charges so framed one way or the other. In view of above, the veracity of proceedings now cannot be examined by this Court at such a belated stage. To buttress his submissions, he has relied upon the judgment of Supreme Court in Ratilal Bhanji Mithani Vs. State of Maharashtra and Others 1979 (2) SCC 179. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 5.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad