Court No. - 34
Case :- APPLICATION U/S 482 No. - 13063 of 2007 Applicant :- Amit Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- L.M. Singh Counsel for Opposite Party :- Govt.Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri L.M. Singh, learned counsel for applicant and learned A.G.A. for State.
2. This application under Section 482 Cr.P.C. has been filed praying for quashing of proceedings in Case No. 96 of 2004, under Sections 307, 452, 504 IPC, arising out of Case Crime No. 322 of 2002, Police Station Naubasta, District Knapur Nagar, pending in the Court of Principal Magistrate/ Member of Juvenile Justice Board, Kanpur Nagar.
3. It is contended that since another co-accused who was prosecuted in regular Court has been acquitted, therefore, proceedings pending in Juvenile Court in respect of applicant should be quashed.
4. However, trial is different and acquittal of one co-accused does not result in acquittal of other co-accused. Therefore, it is for the forum where trial is pending to conclude it in accordance with law. No interference is called for.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 18.12.2019 AK