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2025 DAILYLAW 91159 (ALL)

LAEEK v. STATE OF U.P. AND ANOTHER

A482/29340/2024 · 2025-05-12

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78548 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29340 of 2024 Applicant :- Laeek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.,Vinod Kumar Maurya Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and Sri Vinod Kumar Maurya, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State-respondent. 2. The present application has been preferred challenging the chargesheet dated 18.05.2024 and cognizance order dated 01.06.2024 passed in Case Crime No.180 of 2024, under Section 8/20 NDPS Act, Police Station Tanda, District Rampur, pending in the court of learned Additional Sessions Judge, Court No.5, Rampur along with order dated 12.08.2024 passed by learned court concerned whereby application preferred at the behest of applicant with regard to stop trial of the said case, has been rejected. 3. By bare perusal of the records, it appears that during pendency of the instant application, further investigation carried out by concerned investigating agency, culminated into submission of closure report dated 08.09.2024 in the present case. It is not disputed that interim protection has already been extended in favour of applicant by this Court vide order dated 18.09.2024 which is still in operation. 4. Sri Vinod Kumar Maurya, learned counsel appearing on behalf of opposite party no.2 submitted that the specific direction for initiating further investigation, has never been given by learned court concerned, rather the application preferred at the behest of applicant, has been denied for conduction further investigation. Even though, further investigation culminated into preferring closure report which is still pending before learned court concerned for accepting or rejecting the same. 5. In view of the fact that closure report has already been submitted in the present case, therefore, cause of action arises in favour of applicant at the time of preferring the instant application, has now been rendered infructuous. However, applicant is in between aggrieved or not aggrieved which is pending over outcome of acceptance/denial of the closure report submitted by prosecution in favour of applicant which is still pending before learned Chief Judicial Magistrate, Rampur and as such, no fruitful purpose will be served by way of keeping this matter pending at this stage before this Court once fresh cause of action is still not available before any of the parties. 6. In view thereof, the instant application is hereby disposed of since cause of filing the same, is no more surviving. 7. Earlier order dated 18.09.2024 through which interim protection was granted to applicant by this Court, is hereby recalled. Learned court concerned is directed to proceed with the trial by way of initiating at first instance over the closure report submitted by prosecution on dated 08.09.2024. 8. However, it is made again clear that till the outcome over the closure report, no coercive action shall be initiated against applicant in pursuance of Case Crime No.180 of 2024, under Section 8/20 NDPS Act, Police Station Tanda, District Rampur. Order Date :- 13.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad