Court No. - 49
Case :- APPLICATION U/S 482 No. - 6872 of 2018 Applicant :- Anoop Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to direct the Addl. Chief Judicial Magistrate-II, Shikohabad, Firozabad to separate and try the case of Chhotey Lal an accused in Case No. 616 of 2013, under Sections- 420, 467, 468 I.P.C., Police Station- Shikohabad, District- Firozabad (Anoop Singh Vs. Chhotey Lal and others).
Learned counsel for the applicant submits that initially a charge sheet had been submitted against four accused. In Application U/S 482 No. 10837 of 2016 filed on behalf of the three other accused, this Court has granted interim protection to them. However, no protection was granted to the opposite party no. 2. Still the trial has remained stalled since then.
In view of the above, the applicant has filed the present application to separate and try the case of opposite party no. 2.
Having considered the prayer so made, I do not find any good reason to issue direction as prayed for inasmuch this Court had only directed that no coercive measure be been taken against the three other accused. Thus, effectively, the trial had been allowed to proceed against the opposite party no. 2. It is therefore expected that the trial court shall proceed against the opposite party no. 2, in view of the fact if there is no interim order operating in his favour.
In view of the above, the present application is disposed of.
Order Date :- 27.2.2018 A. Singh