Court No. - 70
Case :- APPLICATION U/S 482 No. - 21452 of 2019 Applicant :- Lavkush Verma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Mr. Ghanshayam Das, learned Advocate has filed his Vakalatnama on behalf of opposite party No. 2 today, which is kept on record.
Heard learned counsel for the applicant, learend counsel for opposite party No. 2 and learned Additional Government Advocate representing the State and perused the materials available on record.
By means of this application under sections 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the charge sheet No.
358 of 2018 dated 11.11.2018, cognizance order dated 19.1.2019 as well as entire proceedings of Sessions Trial No. 21 of 2019 (State vs. Lavkush Verma) arising out of Case Crime No. 519 of 2018, under Sections 363, 366 IPC and Section 7/8 POCSO Act, police station Sarai Inayat, district Allahabad pending in the court of Special Judge (POCSO Act)/Additional District Judge, Allahabad.
At the very outset, learned counsel for the applicant submits that he wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure through counsel.
It is therefore, hereby provided that the applicant shall move an appropriate application for discharge through counsel within a period of four weeks from today and in the event such an application is filed for discharge, the same shall be considered and decided on merits by the court below within a further period of three weeks without granting any adjournment in the matter.
Until the disposal of application for discharge, if moved by the applicant, no coercive measure shall be taken pursuant to the criminal proceedings in question.
However, it is made clear that this relief is a one time measure being afforded to the applicant so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.
With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.
Order Date :- 29.5.2019 Sumaira