Court No. - 40
Case :- APPLICATION U/S 482 No. - 22266 of 2019 Applicant :- Prayag Narayan Upadhayay Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application u/s 482 Cr.P.C. has been filed with a prayer to direct the court below to decide the application dated 4.2.2019 in Misc. Case No. 4071 of 2019 arising out of Case Crime No. 464 of 2018 (State Vs. Vinod Kumar and others), under Sections 323, 504, 506 IPC, P.S. Tundla, District- Firozabad, pending before Chief Judicial Magistrate, Firozabad.
Learned counsel for the applicant has submitted that the applicant has lodged first information report alleging therein that on 30.8.2018 opposite parties have assaulted the applicant and his son and when his daughter and wife came to their rescue, they committed indecent act with her. The girl is said to be 9 years of age.
The police after investigation, submitted charge-sheet on 30.10.2018 against the opposite party nos. 2 to 5, under Sections 323, 504, 506 IPC only. Despite there being specific allegation under Sections 354 IPC and 7/8 of POCSO Act, charge sheet has not been submitted under the said sections, as such the applicant moved an application before Chief Judicial Magistrate, Firozabad for taking cognizance under the said sections also as prima facie even in these sections offence is made out against the accused persons. The said application dated 4.2.2019 is still pending before the learned Magistrateand as such he has prayed that Magistrate be directed to consider and dispose of said application within a reasonable period Considering the facts and circumstances of the case, the learned Magistrate is expected to make all endeavours to dispose of the application dated 4.2.2019 as expeditiously as possible, preferably within a period of one month.
With the aforesaid directions, this application is finally disposed of. Order Date :- 4.6.2019 KU