Dismissed¶¶19

Narendra Alias Kaley and Another v. State of U.P. and Another

Allahabad HC7 Jan 2025A482/37096/2024

Case brief

AI extract

What is this about?

Section 482 CrPC application dismissed as infructuous following acquittal of accused; Allahabad High Court, Rajeev Misra J; Application U/S 482 No. 37096 of 2024; Narendra alias Kaley and another; Session Trial No. 73 of 2018; Case Crime No. 1035 of 2017; Sections 302/34 IPC; P.S. Kotwali City, Bijnor; sought setting aside of rejection of Section 311 CrPC application by order dated 20.9.2024; acquittal judgment and order dated 16.01.2025; interim order vacated; Neutral Citation 2025:AHC:42189.

What did the court decide?

The application under Section 482 Cr.P.C. is dismissed as having rendered infructuous, the applicants having been acquitted by the court below on 16.01.2025 and no cause of action surviving to pursue the application. ¶¶19

Narendra Alias Kaley and Another vs State of… — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:42189

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 37096 of 2024

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Applicant :- Narendra Alias Kaley And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Anand Kumar Singh, Advocate, holding brief of Mr. Amit Rai, 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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Applicants-Narendra Alias Kaley And Another, who are charge sheeted accused and facing trial before Court below, have 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 be pleased to allow this criminal misc.

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application and to set aside the impugned order dated 20.9.2024 passed by learned Court of Additional Session Judge, Court No. 6, Bijnor in Session Trial No. 73 of 2018 (State of U.P. Vs. Narendra alias Kale and another) arising out Case Crime No. 1035 of 2017, under Sections 302/34 I.P.C., Police StationKotwali City, District-Bijnor, thereby rejected the application of applicants under Section 311 of Cr.P.C. in the interest of Justice.

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May further be pleased to stay the effect and operation of impugned order dated 20.9.2024 passed by learned Court of Additional Session Judge, Court No. 6, Bijnor in Session Trial No. 73 of 2018 (State of U.P. Vs. Narendra alias Kale and another) arising out Case Crime No. 1035 of 2017, under Sections 302/34 I.P.C., Police Station-Kotwali City, DistrictBijnor.

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May further be pleased to stay the further proceeding of Session Trial No. 73 of 2018 (State of U.P. Vs. Narendra alias Kale and another) arising out Case Crime No. 1035 of 2017, under

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Sections 302/34 L.P.C., Police Station-Kotwali City, DistrictBijnor pending before the court of learned Court of Additional Session Judge, Court No. 6, Bijnor during the pendency of present criminal misc. application before this Hon'ble Court, otherwise the applicants shall suffer irreparable loss and injury.

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

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On the matter being taken up, the learned A.G.A. has filed counter affidavit filed on behalf of State-opposite party-1 in Court today, which is taken on record.

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With reference to above, the learned A.G.A. submits that applicant has been acquitted by Court below vide judgment and order dated 16.01.2025 passed by Additional Session Judge, Court No. 6, Bijnor in Session Trial No. 73 of 2018 (State of U.P. Vs. Narendra alias Kale and another) arising out of Case Crime No. 1035 of 2017, under Sections 302/34 I.P.C., Police Station-Kotwali City, District-Bijnor. On the above premise, the learned A.G.A. submits that present application has now been rendered infructuous.

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When confronted with above, the learned counsel for applicants fairly submits that no cause of action now survives with the applicants to pursue this application.He, therefore, submits that in view of above, present application be dismissed as having rendered infructuous.

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

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In view of above, this application is, accordingly, dismissed as having rendered infructuous.

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Interim order, if any, stands vacated.

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Order Date :- 20.3.2025 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Narendra Alias Kaley and Another v. State of U.P. and Another

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Narendra Alias Kaley and Another v. State of U.P. and Another

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