Court No. - 86
Case :- APPLICATION U/S 482 No. - 17263 of 2021 Applicant :- Akash Kumar @ Bittu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Samiuzzaman Khan,Tanveer Zafar Khan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on record.
It is submitted by learned counsel for the applicant that the applicant is accused in the present case. It is submitted that the accused-applicant was declared juvenile on 9.08.2017 whereas the case is fixed in the court of Additional Session Judge/Special Judge (POCSO Act), Court No.01, Kushi Nagar at Padrauna for framing of charges. It is also asserted that he may be acquitted for the offences as alleged as other two accused have already been exonerated.The trial is lingering on for past more than four years which may be directed to be concluded as early as possible.
Be that as it may, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the court concerned to decide Case Crime No.205 of 2017 (State Versus Akash Kumar @ Bittu) under Sections 363 and 366 I.P.C., Police Station Kubersthan, District Kushi Nagar, pending in the court of Additional Session Judge/Special Judge (POCSO Act), Court No.01, Kushi Nagar at Padrauna in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible. The trial court is further directed to take stern, strict and coercive measures to secure and procure their presence before it, if the accused are adopting dilatory tactics to delay the trial.
Order Date :- 27.9.2021 MN/-
Digitally signed by Justice Umesh Kumar Date: 2021.09.27 14:52:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Umesh Kumar Date: 2021.09.28 10:09:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad