Court No. - 44
Case :- CRIMINAL REVISION No. - 3486 of 2018 Revisionist :- Surendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned A.G.A.
The present criminal revision has been preferred by the revisionist to set-aside the effect of the judgment and order dated 23.08.2018 passed by the learned Judicial Magistrate, Mawana District-Meerut passed in Case No. 531 of 2018 case crime no. 383 of 2018 police Station-Mawana, District-Meerut.
Learned counsel for the revisionist submitted that though the FIR was registered under Section 376, 511, 354A, 323, 504, 506, 325 IPC and Section 7/8 POCSO Act but the police has submitted the charge sheet only under Section 323, 504 and 506 IPC.
I have gone through the impugned order and to my mind, the remedy available to the applicant is to contest the case at the stage of the framing of the charge. The learned trial Judge would grant him the liberty and hear the contentions and then only frame the charge against the accused.
Accordingly, the criminal revision is disposed of.
Order Date :- 29.10.2018 Sumit S