Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of State of U.P., Opposite party no.1.
There is no need to issue notice to opposite party no.2 at this stage, the same is dispensed with.
This petition under Section 482 Cr.P.C. has been filed for staying the proceedings of the Sessions Trial No.500 of 2002, under Case Crime No. 94 of 2002, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mailani, District Kheri on the ground that the plea of being juvenile has been rejected vide impugned order dated 05.12.2009. It comes out from record that this plea was taken at belated stage. The trial is at the stage of recording of statements under Section 313 Cr.P.C. There is a specific provision to challenge the order passed under the Juvenile Justice Act.
The inherent powers of this Court under Section 482 Cr.P.C. can be exercised only when there is no specific provision elsewhere.
In view of the above, this petition is misconceived and at this stage learned counsel says that he does not want to press it. The petition is therefore dismissed. 07.01.2010 PAL/CMC No. 29 of 2010