Court No. - 12
Case :- APPLICATION U/S 482 No. - 42214 of 2018 Applicant :- Rakesh Kumar Ojha Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Irshad Ahmad 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 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.7.2018 as well as the entire proceedings of S.T. No. 305 of 2017, arising out of Case Crime No. 66 of 2015 , under Sections- 147, 307, 323, 328, 365, 504, 506, 120B I.P.C., Police Station- Nazirabad, District- Kanpur Nagar, pending in the court of A.D.J.-III, Kanpur Nagar.
Learned counsel for the applicant submits that he has filed discharge application before District and Sessions Judge, Kanpur Nagar on 24.10.2017, but till date, the same has not been decided. He further submits that vide order dated 13.7.2018, learned A.D.J.-III, Court No. 3, Kanpur Nagar has framed charge against the applicant in the aforesaid case. Lastly, he prayed that a direction may be issued to District and Sessions Judge, Kanpur Nagar to decide the discharge application of the applicant forthwith.
Considering the facts and circumstances of the case, the application is disposed of with a direction to District and Sessions Judge, Kanpur Nagar to decide the discharge application of the applicant within a period of two months from the date of production of certified copy of this order.
Order Date :- 27.11.2018 Arvind