Court No. - 44
Case :- CRIMINAL REVISION No. - 2399 of 2018 Revisionist :- Yakesh Kumar Sahu Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Nirvikar Gupta,Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Nirvikar Gupta, learned counsel for the revisionist and Sri Gaurav Pratav Singh, learned AGA for the State.
This revision has been filed with a prayer to set aside the order impugned dated 4.5.2018 passed by the Additional District & Sessions Judge (Court No.7), Kanpur Nagar in ST No.34 of 2018 (State Vs. Yakesh Kumar Sahu) arising out of Case Crime No.90 of 2017, under Sections 307, 326A, 332, 353, 506 IPC, P.S. Chhawani, Kanpur Nagar.
It has been argued by learned for the revisionist that in pursuance of the order passed by a coordinate Bench of this Court dated 6.3.2018, the revisionist has moved a discharge application but the Trial Court has ordered that the same be considered after recording of the evidence, he argued that atleast the said application could have been decided by the Trial Court in accordance with law and it is stated that till date no charges have been framed and hence, a necessary order be passed directing the Trial Court to decide the trial on merits.
Considering the facts and circumstances of the case, the Trial Court is directed to decide the discharge application of the revisionist as has been ordered by a coordinate bench of this Court in accordance with law expeditiously.
With the aforesaid the revision stands disposed of.
Order Date :- 31.7.2019 Neeraj