Court No. - 40
Case :- APPLICATION U/S 482 No. - 22303 of 2019 Applicant :- Vishal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A for State of U.P. Applicant has invoked the jurisdiction of this Court under section 482 Cr.P.C. with a prayer to direct court below to decide the case no. 06 of 2016, State Vs. Kripal and others, arising out of case crime No. 630 of 2015, under section 363, 342, 354 I.P.C. and 7/8 POCSO Act P.S. Khair, District Aligarh separately from another accused.
Learned counsel for the applicant has submitted that the first informant has lodged an F.I.R. against the applicant under section 363, 342, 354 I.P.C. and 7/8 POCSO Act. The police after concluding the investigation submitted the charge sheet on 24.12.2015 on which learned magistrate has taken cognizance on 20.1.2016. The applicant appeared before the court below and was granted bail, however, other co-accused who was also charge sheeted alongwith the applicant is not appearing before the court as such trial is not proceeding against the applicant. The applicant moved an application before the trial court on 2.1.2019 with a prayer that his case be separated so that trial may proceed further. The said application is still pending before the trial court and has not yet been disposed of.
Considering the facts and circumstances of the case, the court below is directed to consider and dispose of the application dated 2.1.2019 as expeditiously as possible preferably within a period of one month from the date of production of a certified copy of this order, if there is no other legal impediment.
With these observations, the application under section 482 Cr.P.C. is disposed of finally.
Order Date :- 4.6.2019 R