Allahabad High Court
Anuj Pratap Singh Alias Chauwa vs State Of U.P. And Another on 19 March, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:39338 Court No. - 70 Case :- APPLICATION U/S 482 No. - 26105 of 2024 Applicant :- Anuj Pratap Singh Alias Chauwa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Dharmendra Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Anuj Pratap Singh @ Chauwa, who is facing trial before Court below, has 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 allow the instant application and quash the order dated 16.09.2023 passed by Additional Sessions Judge, Court No.03/ Special Judge (DAA), Farrukhabad in Special Session Trial No. 19A of 2016 (State of Uttar Pradesh Vs. Anuj Pratap) arising out of Case crime no. 524 of 2015, under section 366, 376D, 377, 395, 412,34 IPC and 66 IT Act, Police Station Fatehgarh, District Farrukhabad on the basis of acquitted order of the co-accused dated 06.04.2018 because the role of the applicant has been same of the co-accused and the applicant claims parity of the co-accused.
It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of Special Session Trial No. 19A of 2016 (State of Uttar Pradesh Vs. Anuj Pratap) arising out of Case crime no. 524 of 2015, under section 366,376D, 377, 395, 412,34 IPC and 66 IT Act, Police Station Fatehgarh, DistrictFarrukhabad during pendency of the present criminal misc. application before this Hon'ble Court.And/or may pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. It appears from the record that the case of present applicant was referred to the concerned Juvenile Justice Board. However, the concerned Juvenile Justice Board, after having undertaken the necessary exercise regarding the age of the applicant, came to the conclusion that applicant is not a juvenile. Accordingly, the case of applicant was remitted to regular Court.
5. Court below, vide order dated 16.09.2023, has issued notices to the witnesses, who had already deposed before Court below. It is this order dated 16.09.2023, which has been impugned in present application.
6. Learned counsel for applicant first proceeded to address the Court on the merits but subsequently submitted that in view of the settled position of law, the present application be dismissed as withdrawn.
7. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant.
8. In view of above, this application is, accordingly, dismissed as withdrawn.
9. Interim order, if any, stands vacated.
Order Date :- 19.3.2025 Vinay