JUDGMENT :

1. Heard Mr. Madan Gopal Tripathi, learned counsel for the applicant, Mr. Anirudh Kumar Singh, learned A.G.A.-I appearing for the State and Mr. Vishva Nath Pratap Singh, learned counsel for the opposite party no.2.

2. The instant application under Section 482 Cr.P.C has been filed by the applicant to set aside the impugned order dated 12.04.2023 passed by Additional Session Judge, (P.O.C.S.O.-I), Ambedkar Nagar in Session Trial No.23 of 2020 under Section 363, 366 & 376 I.P.C. at Police Station-Ahirauli, District-Ambedkar Nagar.

3. Learned counsel for the applicant has contended that despite the fact that the applicant was not named in the F.I.R. nor in the charge-sheet though on the application of the complainant filed under Section 319 Cr.P.C. (Annexure No.19), the learned trial Court summoned the applicant vide order dated 20.08.2015.

4. Learned counsel for the applicant has informed the Court that challenging the order dated 20.08.2015, the applicant has filed a petition before this Court i.e. U/S 482/378/407 No.2023 of 2019 (Suresh Singh Vs. State of U.P. and Another) and this Court vide order dated 14.03.2019 granted liberty to the applicant therein to file a discharge