Neutral Citation No. - 2025:AHC:71672 Court No. - 70 Case :- APPLICATION U/S 482 No. - 2152 of 2025 Applicant :- Gaurav Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Santosh Kumar Dubey, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Gaurav Tyagi, 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 graciously be pleased to allow this application and quash the Charge Sheet dated 17.11.2022 as well as order of cognizance dated 18.11.2022 in Special Trial Session No. 82 of 2022 arising out of Case Crime No. 223 of 2022 under section 323,504,302,201 1.P.C. and Section 3(2) 5 SC/ST Act Police Station Chandi Nagar District Baghpat and further be pleased to quash the entire proceeding of Special Session Trial No. 82 of 2022 arising out of Case Crime No. 223 of 2022 under section 323,504,302,201 1.P.C. and Section 3(2) 5 SC/ST Act Police Station Chandi Nagar District- Baghpat pending in the court of Additional Session Judge, Special Judge SC/ST Act, Baghpat. It is, further prayed that this Hon'ble Court may graciously be pleased to allow this application and stay the Charge Sheet dated 17.11.2022 as well as order of cognizance dated 18.11.2022 in Special Trial Session No. 82 of 2022 arising out of Case Crime No. 223 of 2022 under section 323,504,302,201 1.P.C. and Section 3(2) 5 SC/ST Act Police Station Chandi Nagar District- Baghpat and further be pleased to stay the entire proceeding of Special Session Trial No. 82 of 2022 arising out of Case Crime No. 223 of 2022 under section 323,504,302,201 1.P.C. and Section 3(2) 5 SC/ST Act Police Station Chandi Nagar District- Baghpat pending in the court of Additional Session Judge, Special Judge SC/ST Act, Baghpat during pendency of the instant application otherwise applicant shall suffer irreparable loss and injury. And or pass such other or further order which may be deemed fit and proper under the circumstances of the case to secure the ends of justice." 4. Learned counsel for applicant submits that the deceased in respect of whom the impugned criminal proceedings are pending before court below is still alive inasmuch he has been detained in Central Jail, Lahore, Pakistan. The said submission is based on the information received by the accused-applicant under Right to Information Act from the High Commission of India, Islamabad copy of the same is on record at page 67 of the paper book. On the above premise, it is thus urged by the learned counsel for applicant that present application is liable to be allowed. 5. Learned AGA representing State-opposite party-1 has vehementally opposed the present application. In opposition to the present application he has referred to the same document i.e. the information received under Right to Information Act from the High Commission of India, Islamabad. Referring to sub- paragraph-2 of paragraph-2 of the said document, the learned AGA submits that the High Commission of India has itself disowned the identity of the person in prison in Central Jail, Lahore. Apart from above, it is further submitted by the learned AGA that after the dead body of the deceased was recovered, it must have been identified and therefore the plea raised by the learned counsel for applicant in this application qua the innocence of applicant is wholly fanciful and can be dealt with at the time of trial. As such no interference is warranted by this Court in present application. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. 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 record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 5.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad