Court No. - 52
Case :- APPLICATION U/S 482 No. - 9963 of 2018 Applicant :- Manoj Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present 482 Cr.P.C. application has been filed by the applicant with the prayer to quash the proceedings of Special Trial No.21 of 2014 arising out of case crime no.577 of 2013, under Sections 363, 342, 323, 506, 376 IPC and 3/4 of Protection of Children from Sexual Offences Act, P.S. Shahpur District Gorakhpur, pending in the court of Additional Sessions Judge, Court no.7, Gorakhpur.
Learned counsel for the applicant states that the victim daughter of opposite party no.2 has now solemnized marriage with the applicant. He further states that even in the statement recorded before the trial Court she has stated about the marriage with the applicant, therefore, the proceedings be quashed.
In my opinion, as the proceedings before the trial Court is pending, the trial Judge shall consider the statement of prosecutrix examined during trial and pass appropriate order in accordance with law. Learned counsel thereafter submitted that as the trial is pending since 2013, the Court below may be directed to expedite the trial.
In the facts of the case, the trial Court is directed to expedite the aforesaid trial and conclude the same as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of the order, if there is no other legal impediment.
With the aforesaid observations, the application is finally disposed of.
Order Date :- 28.3.2018 Hasnain