Court No. - 49
Case :- APPLICATION U/S 482 No. - 39667 of 2018 Applicant :- Vipin Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State.
Present petition is filed by the petitioner for quashing the entire proceedings of Special Sessions Trial No. 58 of 2018(State Vs. Vipin Singh) under sections 363,366,376,323,504,506 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station-Kalwari, District-Basti, arising out of Case Crime No. 128 of 2018, pending in the court of Additional Sessions Judge, First/Special Judge, POCSO Act, Basti.
After arguing at some some length, learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case, he is permitted to move a discharge application.
It is always open for an accused to file a discharge application at appropriate stage of proceedings in accordance with law. In case, such an application is filed by the petitioner, the court below shall consider and decide the said application of the petitioner by speaking and reasoned order, in accordance with law, expeditiously.
With the aforesaid, present petition is disposed of.
Order Date :- 20.12.2018 AKS (Vivek Chaudhary,J.)