Application under Section 482 Cr.P.C. for quashing proceedings was dismissed because charges were already framed and trial had commenced, rendering inherent power inapplicable.
Stay of proceedings refused; application dismissed without expression of opinion on merits.
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Neutral Citation No. - 2024:AHC:189525
Court No. - 81
Case :- APPLICATION U/S 482 No. - 26617 of 2024
Applicant :- Kshetrapal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A.
Hon'ble Manoj Bajaj,J.
Applicant being accused has approached this Court through this application under Section 482 Code of Criminal Procedure seeking quashing of the entire proceeding as well as cognizance order dated 05.02.2024 passed by the Special Judge, POCSO Act, Mainpuri in Special Trial No.18 of 2024, titled as State Vs. Kshetrapal, arising out of Case Crime No. 333 of 2023, under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Ghiror, District Mainpuri.
During the course of hearing, it is fairly stated by learned counsel that after submission of the charge sheet under section 173(2) Cr.P.C., charges against the applicant already stands framed. Concededly, there is no challenge to the said order and the trial has commenced against the applicant and prosecution is in the process of examining its witnesses.
In the above background, this Court is not inclined to exercise inherent power under Section 482 Cr.P.C.
Consequently, without giving any expression of opinion on merits of the case, the present application stands dismissed.
Order Date :- 3.12.2024 Sumit S
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad
Kshetrapal
Manoj Bajaj
Sumit Srivastava
As recorded by the court registry
3 orders share this CNR
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