Dismissed

Vinod and 2 Others v. State of U.P. and Another

Allahabad HC13 Nov 2024A482/35397/2024

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What is this about?

Applicants challenged the framing of charge order in a criminal trial. They filed a supplementary affidavit stating that the trial had commenced with one prosecution witness. The Court held the challenge infructuous due to trial progress and dismissed the application.

What did the court decide?

Application dismissed as having been rendered infructuous due to commencement of trial.

Vinod and 2 Others vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:178197

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 35397 of 2024

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Applicant :- Vinod And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Sen,Onkar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Onkar Nath, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Supplementary affidavit filed by the learned counsel for applicants in court today is taken on record.

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4.Applicants-Vinod and 2 others, who are charge sheeted accused, have approached this Court challenging the framing of charge order dated 16.04.2024 passed by the Additional Sessions Judge/F.T.C.-II, Etah in Sessions Trial No. 675 of 2023 (State Vs. Vinod and 2 others) arising out of Case Crime No. 152 of 2022 under Sections 147, 148, 149, 308, 452, 323, 504, 506 I.P.C., Police Station-Marehra, District-Etah.

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Present application came up for admission up on 05.11.2024 and this Court passed the following order:

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"1. As prayed by the learned counsel for applicants, put up again as fresh on 13.11.2024.

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2. By the next date, the learned counsel for applicants shall file a supplementary affidavit stating therein as to whether the trial subsequent to framing of charge order has commenced or not. In case, the witnesses have deposed before court below, the photocopies of the same be also brought on

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record.

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Order Date :- 5.11.2024 "

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In view of above order dated 05.11.2024, the learned counsel for applicant has filed a supplementary affidavit in Court today, which is taken on record. On the basis of aforesaid, the learned counsel for applicants submits that subsequent to framing of charge order dated 16.04.2024, the trial of applicant has already been commenced before court below. Upto this stage, one prosecution witness i.e. P.W.-1, Munni Devi, has deposed before court below.

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In view of aforesaid progress in the aforementioned sessions trial, the challenge to the framing of charge order has now become infructuous.

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As a result, present application is liable to be dismissed as having been rendered infructuous.

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It is accordingly dismissed as having rendered infructuous. Order Date :- 13.11.2024 YK

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Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad

Vinod and 2 Others v. State of U.P. and Another

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Vinod and 2 Others v. State of U.P. and Another

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