Application under S. 482 Cr.P.C. to quash proceedings under POCSO and IPC was dismissed as no merit existed. However, the lower court was directed to conclude the trial expeditely within six months.
Application dismissed; lower court directed to conclude proceedings within six months.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 270 of 2020
Applicant :- Vipin Rai And Anr Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri C.P. Misra, learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the Charge-sheet No.107 of 2018 dated 31.8.2018 and cognizance order dated 31.8.2018 as well as the entire proceedings of Special Trial No.580 of 2018 (State of U.P. vs. Vipin Rai), arising out of Case Crime No.194 of 2017, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Sikriganj, Disctirct Gorakhpur, pending in the court of Special Judge (POCSO Act), Gorakhpur.
It appears that charges have been framed against the applicants by Ist Additional Session Judge, Gorakhpur on 25.1.2019. However, no proseuction witness has been examined. The certified copy of the order-sheet upto 30.10.2019 has been filed along with the affidavit. It is not clear as to what happened after 30.10.2019.
Be that as it may, as the trial is already pending against the applicants and though the witnesses have appeared on some dates, yet they have not been crossexamined. Be it noted that the cognizance on the charge-sheet against the applicant was taken on 31.8.2018.
I do not find any merit in the application which may warrant any interference by this Court in the exercise of power conferred under Section 482 Cr.P.C. jurisdiction.
The present application under Section 482 Cr.P.C. is, accordingly, dismissed.
However, in the facts and circumstances of the case, the lower court concerned is directed to expedite and conclude the proceedings of the aforesaid case at the earliest without granting any unnecessary adjournments to either of the parties preferably within a period of six months on day to day basis from the date of production of certified copy of this order, if there is no legal impediment.
Office is directed to communicate the order to the court concerned within a week.
Order Date :- 7.1.2020/ Vikas
2 issues framed by the court
Whether to quash the charge-sheet, cognizance order, and criminal proceedings in a POCSO case.
Whether the lower court should direct expedited conclusion of pending trial proceedings.
1 provisions across 1 enactments
Vipin Rai
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
