Tashrif Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:41122

Court No. - 70

Case :- APPLICATION U/S 482 No. - 28841 of 2024

Applicant :- Tashrif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Mahendra Tripathi, Advocate, holding brief of Mr. Rahul Shukla, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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On the matter being taken up, the learned counsel for applicant submits that due to inadvertence, the High Court Legal Services Committee, High Court, Allahabad and the District Legal Services Committee, Gautam Budh Nagar could not be impleaded as party respondents/opposite parties in present application. He, therefore, seeks permission of Court to implead the aforesaid authorities as party respondents i.e. opposite parties 3 and 4 in present application.

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Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A.

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Accordingly, it is allowed .

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Let necessary amendment in the cause title of this application be carried out by the learned counsel for applicant during course of the day.

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7. Perused the record.

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At the very outset, the learned A.G.A. submits that notice of this application under Section 482 Cr.P.C. has been served upon first informant-opposite party-2 on 14.08.2024. However, in spite of service of notice, neither any counter affidavit has been filed by the first informant-opposite party-2 nor any one has put in appearance on his behalf to oppose this application, even in revised call.

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Applicant-Tashrif, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge sheet No.01/2022 dated 03.09.2022 and cognizance order dated 20.09.2022 as well as entire proceeding of Special Case No.1151/2022 (State Versus Tashrif), Case Crime No.320/2022, Under Section 363, 366, 376 I.P.C. and 5/6 Pocso Act, Police Station Phase-1, District Gautam Buddh Nagar.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Special Case No.1151/2022 (State Versus Tashrif), Case Crime No.320/2022, Under Section 363, 366, 376 I.P.C. and 5/6 Pocso Act, Police Station Phase-1, District Gautam Buddh Nagar, pending in the Court of learned Special Judge (Pocso Act), Gautam Buddh Nagar, during the pendency of the present Criminal Misc. Application before this Hon, ble Court.

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And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the circumstances of the case."

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Learned A.G.A. contends that the present application is now misconceived inasmuch as, the trial of applicant has already commenced before Court below. Court below, in exercise of jurisdiction under Section 228 Cr.P.C., has framed charges against accused-applicant and thereafter, summoned the witnesses. Up to this stage, PW-1 has deposed before Court below, whereas the examination-in-chief of PW-2 is in progress. On the above premise, the learned A.G.A. contends that no effective relief can be granted to applicant in present application. Once the charges have been framed against accused-applicant by Court below and the trial has commenced, Court below is now bound to answer the charges so framed one way or the other. As such, the present application is liable to be dismissed.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the preliminary objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application.

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As a result, the present application fails and is liable to be dismissed.

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It is, accordingly, dismissed .

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Order Date :- 20.3.2025 Vinay

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

Tashrif v. State of U.P. and Another

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