Court No. - 55
Case :- APPLICATION U/S 482 No. - 3637 of 2019 Applicant :- Lallu @ Sohan Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. A.K. Mishra, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 has been filed challenging the order dated 04.01.2019 passed by the VIIIth Additional Sessions Judge, Mathura in Case No. 794 of 2018 under Sections 306 and 511 I.P.C., whereby the court below has allowed the application dated 04.01.2019 filed by the prosecution and directed to aid Section 376 I.P.C. and Sections 3/4 POCSO Act in the above mentioned case crime number.
Perused the record.
From perusal of the record, the Court finds that the present applicant has not yet been summoned by the court below and therefore, the present applicant is a prospective accused. As such, the present application under Section 482 Cr.P.C. at the behest of the prospective accused is not maintainable at the pre- cognizance stage. Reference be made to the judgement of this Court in the Case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 reported in Laws (All) 2018 (11) 70.
Consequently, the present application under Section 482 Cr.P.C. is dismissed as not maintainable with liberty to file a petition under Article 226/227 of the Constitution of India as he may be so advised.
Certified copy of the impugned order be returned to the learned counsel for the applicant after retaining a photostat copy of the same to be kept on record.
Order Date :- 22.2.2019 YK