Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20491 of 2018 Petitioner :- Akash (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lavkush Kumar Shukla,Lokesh Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Lokesh Kumar Dwivedi, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner for a direction in the nature of mandamus directing the respondent nos. 2 and 3 to comply the judgement and order dated 01.04.2017 passed by the 9th Additional Sessions Judge, Mathura in Session Trial No.30 of 2015 State vs. Karan and others within specified period.
Learned A.G.A. has drawn the attention of the court towards the prayer made in the present writ petition to which the learned counsel for the petitioner has submitted that the petitioner has come up before this Court with a prayer for complying with the order to extend the awarded compensation to the petitioner who is victim of the case. Learned counsel for the petitioner has stated that one of the accused Saraswati has preferred a Crl. Appeal No.2610 of 2017 (Saraswati vs. State of U.P.) which has been admitted by this Court.
Considering the facts and circumstances of the case as the order passed by the trial court is subject matter of the criminal appeal, no order can be passed in the matter at this stage as the petitioner would be entitled for relief in pursuance of the order of the trial court till the disposal of the appeal. Hence at this stage, matter requires no interference by this Court.The petition lacks merit and it is accordingly rejected.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018/AU