The High Court dismissed the application under Section 482 Cr.P.C. as infructuous because the underlying application filed under Sections 173 and 190 Cr.P.C. had already been decided by the trial court.
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Neutral Citation No. - 2024:AHC:184868
Court No. - 77
Case :- APPLICATION U/S 482 No. - 18248 of 2024
Applicant :- Yogesh Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Shri Prashant Verma, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State are present.
Present application under Section 482, Cr.P.C. has been filed by the applicant to decide the application of the applicant under Sections 173, 190, Cr.P.C. dated 16.5.2023, which has been filed in Case No. 6219 of 2022 (State Vs. Sarvesh Kumar and others), arising out of case crime No. 163 of 2022, under Section 420, I.P.C., Police Station Karhal, District Mainpuri.
Learned counsel for the applicant pointed out that the application has been decided by the trial court, therefore, present application has become infructuous.
The instant application is dismissed as infructuous accordingly.
Order Date :- 26.11.2024 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. remains maintainable when the intermediate application has already been decided by the trial court?
3 provisions across 2 enactments
Yogesh Kumar Pandey
State of U.P. and Another
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
