Court No. - 12
Case :- APPLICATION U/S 482 No. - 42399 of 2018 Applicant :- Rahul Opposite Party :- State Of Up And Anr Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 28.2.2018 passed by Additional Sessions Judge, Court No. 06, Agra as well as entire proceedings of Case No. 632 of 2017 (State Vs. Rahul) arising out of Case Crime No. 42 of 2017, under Sections 354, 504, 506 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station Mansukhpura, District Agra.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No case for interference is made out. The prayer for quashing the entire criminal proceedings of the aforesaid case is refused.
Learned counsel for the applicant has prayed that a liberty may be given to the applicant to appear before the court below through counsel to move discharge application and the court below may be directed to decide the discharge application within the stipulated period.
Accordingly, liberty is given to the applicant to appear before the court below through counsel to move discharge application within one month from today.
This application is disposed of with a direction to the court below that in case the applicant appears before the court below through counsel within one month from today and moves a discharge application, the same shall be considered and decided within next two months in accordance with law.
For a period of three months from today, no coercive action shall be taken against the applicant.
It is made clear that in case the applicant does not appear before the court below within the aforesaid period, no further time shall be given to him and court may proceed in accordance with law.
Order Date :- 30.11.2018 Rmk.