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Neutral Citation No. - 2025:AHC:13488 Court No. - 71 Case :- APPLICATION U/S 482 No. - 29923 of 2024 Applicant :- Vipul Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.,Mandvi Tripathi,Santosh Tripathi Hon'ble Rajeev Misra,J.
1. Heard Mr. Keshari Nath Tripathi, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Rahul Tripathi Advocate holding brief of Mr. Santosh Tripathi, the
learned counsel representing first informant/opposite party-2.
2. Perused the record.
3. Applicant-Vipul Gupta 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 (U/S 482 of Cr.P.C.) and quash the Charge Sheet No.74/2024 dated 09.05.2024 and its cognizance order dated 30.07.2024 as well as entire proceeding of Session Trial No. 1647 of 2024 (State Vs. Vipul Gupta) arising out of Case Crime No.35 of 2024, Under Section 363, 366, 376, 506 1.P.C. and 3/4 POCSO Act, Police Station- Mahila Thana, District- Saharanpur pending in the Court of Special Judge, POCSO Act/A.D.J. Court No. 13, Saharanpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Session Trial No. 1647 of 2024 (State Vs. Vipul Gupta) arising out of Case Crime No. 35 of 2024, Under Section 363, 366, 376, 506 I.P.C. and 3/4 POCSO Act, Police Station- Mahila Thana, District- Saharanpur pending in the Court of Special Judge, POCSO Act/A.D.J.
Court No.13, Saharanpur, during the pendency of present application Under Section 482 of Cr.P.C. before this Hon'ble Court. And/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury."
4. After some arguments, the learned counsel for applicant informs the court that charges have been framed against applicant by court below in exercise of jurisdiction under Section 228 Cr.P.C. However, the framing of charge order has not been impugned in present application. In view of above, no effective relief can be granted in present application. As such, present application fails and is liable to be dismissed as having rendered infructuous.
5. It is accordingly dismissed as having rendered infructuous.
Order Date :- 27.1.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad