Court No. - 53
Case :- APPLICATION U/S 482 No. - 2177 of 2019 Applicant :- Mohd. Sharif @ Rahishe @ Pappu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant and learned A.G.A., for the State.
This application U/s 482 Cr.P.C., has been filed with prayer to quash the order dated 18.12.2018 passed by Additional Sessions Judge (Gangster Act), Court No. 5, Jhansi in Sessions Trial No. 224 of 2014 (State Vs. Mohd. Sharif @ Rahishe @ Pappu) and to stay the proceedings of the aforesaid case. By the said order dated 18.12.2018, application of the applicant to stay the proceedings of the aforesaid case was rejected.
Learned counsel for the applicant contended that applicant has filed application to declare himself as juvenile before the trial court. By the order dated 18.3.2017, trial court has rejected the said application. Thereafter, against the order dated 18.3.2017, applicant has preferred application U/s 482 Cr.P.C. No. 16164 of 2017 which is pending before this Court. He further contended that judgment should be passed only after the decision of the application pending before this Court against the order dated 18.3.2017.
Learned A.G.A., contended that there is no infirmity in the impugned order passed by the trial court.
If applicant declared juvenile in application U/s 482 Cr.P.C., by this Court, even after, the judgment of the trial court, he shall get benefit provided under Juvenile Justice Act.
Accordingly, I find no illegality or infirmity in the impugned order passed by the trial court.
Consequently, this application U/s 482 Cr.P.C., stands dismissed. Order Date :- 25.1.2019 Jaswant