Raees Pradhan and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Raees Pradhan and Another vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the summoning order dated 15.03.2017 passed by A.C.J.M. Court No.5, Moradabad and the entire proceedings of S.S.T No. 1008/2018 (Case Crime No. 1005/2015, State Vs. Rauf) under Sections 376(D), 363, 342, 506, 34 I.P.C. and 3(2)(5) SC/ST Act, pending before the Special Judge (SC/ST Act), Moradabad, should be quashed. +2 more

Ratio / Principle

After some arguments, the learned counsel for the applicants submitted that the application be dismissed as withdrawn; the learned A.G.A. for State-opposite party-1 raised no objection; accordingly, the application under Section 482 Cr.P.C. is dismissed as withdrawn. No adjudication was made of the prayed-for quashal, stay, or direction regarding the Section 245(2) application.

Key takeaways

Any interim order granted during the pendency of the application stands vacated upon its dismissal as withdrawn.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 71), Rajeev Misra, J. — Order dated 7.1.2025 on Application (Sec. 482 Cr.P.C.) No. 28041 of 2024. Applicants Raees Pradhan and Israr sought (i) quashal of the summoning order dated 15.03.2017 passed by A.C.J.M. Court No.5, Moradabad and of the entire proceedings of S.S.T No. 1008/2018 / Case Crime No. 1005/2015 (State Vs. Rauf) under Sections 376(D), 363, 342, 506, 34 I.P.C. and 3(2)(5) SC/ST Act, Police Station Civil Line, District Moradabad, pending before the Special Judge (SC/ST Act), Moradabad; (ii) a stay of those proceedings; and (iii) a direction to the trial court to decide and dispose of their pending application under Sec. 245(2) Cr.P.C. dated 02.03.2024. After some arguments, counsel for the applicants withdrew the application; the learned A.G.A. raised no objection. The Court dismissed the application as withdrawn (Order Date 7.1.2025) and vacated any interim order. No finding was made on quashal, stay, or disposal of the Sec. 245(2) application, which remains to be decided by the trial court.

Neutral Citation No. - 2025:AHC:2828

Court No. - 71

Case :- APPLICATION U/S 482 No. - 28041 of 2024

Applicant :- Raees Pradhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Krishna Dutt Tiwari, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1.

Perused the record.

Applicants-Raees Pradhan and Israr have 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 quash the Summoning order dated 15.03.2017 passed by A.C.J.M. Court No.5, Moradabad & entire proceedings of S.S.T No. 1008/2018 Case Crime 1005/2015 (State Vs. Rauf) under Section376(D), 363, 342, 506, 34 I.P.C. & 3 (2) (5) SC/ST Act, Police Station-Civil LIne District: Moradabad pending in the court of Special Judge SC/ST Act Moradabad.

It is also further prayed that this Hon'ble court may pleased to stay the entire proceeding of S.S.T No. 1008/2018 Case Crime 1005/2015 (State Vs. Rauf) under Section-376(D), 363, 342, 506, 34 I.P.C. & 3 (2) (5) SC/ST Act, Police Station-Civil LIne District: Moradabad pending in the court of Special Judge SC/ST Act Moradabad.

It is, further prayed that Hon'ble Court may pleased to direct to trial court to decied and dispose the application U/S 245 (2) Cr.P.C. dated 02.03.2024.

And/or pass such other and further as this Hon'ble Court may deem fit and

proper in the circumstances of the case. "

After some arguments, the learned counsel for applicants fairly submits that present application be dismissed as withdrawn.

Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicants.

In view of above, present application under Section 482 Cr.P.C. is accordingly dismissed as withdrawn.

Interim order, if any, stands vacated.

Order Date :- 7.1.2025 YK

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