Court No. - 53
Case :- APPLICATION U/S 482 No. - 14693 of 2018 Applicant :- Kapil @ Atam Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Kamlesh Kumar Tripathi, learned counsel for the applicant and Sri Shyamdhar Yadav, learned AGA alongwith Sri Avanish Shukla appearing for the State.
This application has been filed under Section 482 Cr.P.C. with a prayer to direct the learned Additional Sessions Judge, Court No.1, Hamirpur to decide the application dated 21.07.2017 filed by the applicant in connection with Special Case No.88 of 2017 (State Vs. Kapil), under Sections 363, 366 IPC and Section 8 of POSCO Act, 2012, PS Biwar, District Hamirpur relating to Case Crime No.0151 of 2017 within a stipulated period of time.
The submission of the learned counsel for the applicant is that the applicant is the accused and is in jail. It is also stated that by delaying proceedings he would not stand to gain in any manner. He has given an application, a copy of which is annexed as Annexure-8 to the affidavit where the prayer is that the age of the prosecutrix may be determined by sending her to a medical board.
The grievance of the applicant is that the trial Judge, that is to say, the learned Additional Sessions Judge, Court No.1, Hamirpur is not passing orders on the application dated 21.07.2017 annexed as Annexure-8 to the present application.
Looking to the entire facts and circumstances the learned Additional Sessions Judge, Court No.1, Hamirpur who is seized of Special Case No.88 of 2017 (State Vs. Kapil), under Sections 363, 366 IPC and Section 8 of POSCO Act, 2012, PS Biwar, District Hamirpur shall proceed to decide the said application dated 21.07.2017 within a period of fifteen days from the date of receipt of certified copy of this order.
With the aforesaid directions this application is, accordingly, disposed of.
Let a copy of this order be communicated to the trial court by the office forthwith.
Order Date :- 30.4.2018 Shahroz