Court No. - 49
Case :- APPLICATION U/S 482 No. - 46392 of 2018 Applicant :- Sandeep And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners as well as learned Additional Government Advocate and perused the record.
By means of this petition preferred under Section 482 Cr.P.C. the petitioners have prayed for quashing the order dated dated 29.8.2018 passed by 8th, Addl. Sess. Judge/Special Judge, POCSO Act, Jhansi in Special Trial No.452 of 2016 (State U.P. Vs. Sandeep and others) Case Criem No.120 of 2016 under Section 363, 366, 354, 376-D IPC Section 6 POCSO Act and 3 (2) 5 SC/ST Act PS Badagaon, distt. Jhansi in Court of 8th Addl. Sess. Judge/special Judge, POCSO Act, Jhansi.
Learned counsel for the petitioners submits that he would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State, does not dispute.
Accordingly, the petitioners are granted liberty to file an application in conformity with the provisions of Cr.P.C., within a period of ten days from today. After the said application is filed, learned trial Court is directed to dispose of the same within a period of thirty days thereafter. The petitioners are also granted liberty to appear through his counsel. Till expiry of forty days, no coercive steps shall be taken against them.
With the aforesaid observations / directions, the petition stands disposed of.
Order Date :- 19.12.2018 RajneeshDR) (Vivek Chaudhary, J.)