Shanid v. State of Up and Another

Court No. - 69

Case :- APPLICATION U/S 482 No. - 35917 of 2019

Applicant :- Shanid Opposite Party :- State Of Up And Another Counsel for Applicant :- Syed Mohammad Nawaz Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Vakalatnama filed by Sri Vijay Kumar Srivastava, learned counsel on behalf of opposite party no. 2, is taken on record.

Heard Sri Syed Mohammad Nawaz, learned counsel for applicant, Sri Vijay Kumar Srivastava, learned counsel on behalf of opposite party no. 2 and Sri Sanjay Singh, learned A.G.A.-I for the State.

The present 482 Cr.P.C. application has been filed for quashing the order dated 01.08.2019 and recall the witnesses PW1, PW2 and PW3 in Session Trial No. 105 of 2019 (State Vs. Shanid) arising out of Case Crime No. 650 of 2019, under sections 354 IPC and 7/8 POCSO Act, Police Station Mundha Pandey, District Moradabad pending in the court of learned Special Judge, Moradabad in the light of compromise dated 03.08.2019 and further be pleased to stay the further proceeding of Session Trial No. 105 of 2019 (State Vs. Shanid) arising out of Case Crime No. 650 of 2019, under sections 354 IPC and 7/8 POCSO Act, Police Station Mundha Pandey, District Moradabad pending in the court of learned Special Judge, Moradabad in the light of compromise dated 03.08.2019.

Considering the submissions made by the learned counsel for the applicants and perusal of material available on record. I am of the view that matter requires consideration.