Court No. - 83
Case :- APPLICATION U/S 482 No. - 13747 of 2021 Applicant :- Pankaj Nishad @ Pankaj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth,Arun Kumar Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sunil Vashisth, learned counsel for applicant and learned A.G.A. for State.
2. Present application under Section 482 Cr.P.C. has been filed challenging framing of charge order dated 27.09.2018 passed by Special Judge (POCSO) Act/ Additional Sessions Judge, Fatehpur in Special Trial No. 117 of 2018 (State Vs. Pankaj Nishad) arising out of case Crime No.306 of 2017 under Sections 363, 366 I.P.C. P.S.-Kishanpur District Fatehpur.
3. At the very outset, learned A.G.A. has raised a preliminary objection by submitting that impugned order in present application impugned order is a final order i.e. framing of charge order and is revisable in terms of Section 397 Cr.P.C. As such remedy of applicant is to file criminal revision. Consequently present application is not maintainable.
4. When confronted with aforesaid, learned counsel for applicant could not over come the same.
5. |Accordingly, present application is dismissed on the ground of alternative remedy.
6. Certified copy of impugned order be returned to learned counsel for applicant after obtaining a photocopy of the same to be kept on record.
Order Date :- 12.8.2021 YK