ANIL KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Hear Mr. Surya Pratap Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Sanjay Yadav, the learned counsel representing first informant/opposite party-2. This application under Sec. 482 Cr.P.C. has been filed by charge sheeted accused Anil Kumar Gupta with the following prayer:

(2.) It is further prayed that this Hon'ble court may be pleased to stay the effect and operation the impugned charge sheet dtd. 23/11/2022 as well as impugned order dtd. 5/10/2024 as well as entire proceedings registered in its pursuance as Session Trail No. 04 of 2023 (State of U.P Vs. Anil Kumar Gupta Kushinagar, under Ss. 376, 323, 504, 506 IPC, Police Station- Pataherwa, District- Kushinagar pending before the court of Additional Sessions Judge, FTC-2, Kushinagar at Padrauna including order of cognizance and summoning dtd. 12/12/2022 as well as the order framing charges dtd. 5/10/2024 passed by Court below in aforesaid proceedings, during the pendency of the present application u/s 482 Cr.P.C.

(3.) At the very outset, the learned A.G.A. for State and the learned counsel representing opposite party-2 have raised a preliminary objection by contending that since charges have been framed against charge sheeted accused/applicant vide framing of charge order dtd. 5/10/2024. It is then contended that once the charges have been framed, Court below has to answer the charges one way or the other. As such, such no relief can be granted to applicant in present application.