Court No. - 41
Case :- APPLICATION U/S 482 No. - 6952 of 2019 Applicant :- Dr. Jitendra Kumar Vishnoi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.
2. By means of this application preferred under Section 482 Cr.P.C. the applicant has prayed for quashing the impugned charge-sheet dated 23.09.2018 in Special Session Trial No. 80087 of 2018 arising out of Case Crime No. 113 of 2018 under Section 354 IPC and 7/8 POCSO Act, PS- Nagina Dehat, District- Bijnor, pending before learned Ist Additional Sessions Judge/Special Judge, POCSO Act, Bijnor, and further proceedings of the case passed in pursuance thereof so far as it relates to applicant.
3. Submission of learned counsel for the applicant is that complainant as well as applicant before this Court, both are running their schools and it is due to intra school rivalry that the FIR has been lodged against the applicant. He further submits that he is running a school till Class VIII only and not upto Class 11th in which victim is claimed to be studying. Learned counsel for the applicant further submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not dispute.
4. Accordingly, the applicant is granted liberty to file an application in conformity with the provisions of Cr.P.C., within a period of two weeks from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of six weeks thereafter. The applicant is also granted liberty to appear through his counsel.
5. Till disposal of discharge application or for a period of two months, whichever is earlier, no coercive steps shall be taken against him.
6. With the aforesaid observations / directions, the application stands disposed of.
Order Date :- 21.2.2019/P Kesari