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Neutral Citation No. - 2025:AHC:26544 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1753 of 2025 Applicant :- Ram Ji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Patel,Devendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Anoop Singh, Advocate, holding brief of Mr. Deepak Singh Patel, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Ram Ji, 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 application and quash the order dated 15.09.2021 passed by Additional Session Judge Court no.-17, in Session Trail no. 1289 of 2021, (State Vs. Vishram and others) arising out Case Crime No. 24 of 2021 Under Sections 302 323, 504 I.P.C., Police Station-Puramufti, District- Allahabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Trail no. 1289 of 2021, (State Vs. Vishram and others) arising out Case Crime No. 24 of 2021 Under Sections 302 323, 504 I.P.C., Police Station-Puramufti, District-Allahabad pending in the Court of Addition Session Judge court no.-17, Allahabad during pendency of the present application before this Hon'ble court and/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. submits that present application is misconceived and therefore, liable to be dismissed. By means of the order impugned dated 15.09.2021 passed by Court below in exercise of jurisdiction under Section 228 Cr.P.C.
charges have been framed against applicant by Court below. Upto this stage, eight prosecution witnesses of fact have already deposed before Court below. It is thus urged by the learned A.G.A. that once the trial procedure subsequent to the framing of charge
order has already commenced then the validity of the framing of charge order cannot be examined, at this belated stage. As such, the present application is liable to be dismissed.
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 are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant 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 :- 20.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad