Court No. - 79
Case :- CRIMINAL REVISION DEFECTIVE No. - 815 of 2018 Revisionist :- Sanjay Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Gaurav Kakkar,Rajendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Rejoinder affidavit filed today, is taken on record.
Heard, learned counsel for the revisionist, learned A.G.A. for the State and perused the material available on record.
This criminal revision has been filed by the revisionist challenging the legality and validity of the order dated 16.05.2018 passed by Additional Sessions Judge, Court No.5/Special Judge POCSO Act, Bulandshahr, in Special Case No.13 of 2016, arising out of Case Crime No.216 of 2015, by means of which the court below in exercise of powers under section 319 Cr.P.C. has summoned the revisionist for the offences under Sections 363, 366, 376-D, IPC and Section 4 of Protection of Children from Sexual Offences At (POCSO), Police Station B.B. Nagar, District Bulandshahr.
After arguing the matter up to some length, learned counsel for the applicant submit that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that applicant permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.
In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, they will not be entitled to the benefit of this order.
With above directions this application stands disposed of. Order Date :- 16.12.2021/VKG