Angad v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39127 of 2023 Applicant :- Angad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushkar Nath Tripathi,Jai Prakash Prasad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to expedite the Criminal Misc. Application dated 22.08.2023 in Special Trial No.3 of 2022, arising out of Case Crime No.222 of 2021, U/s 376, 313, 452, 323, 504, 506 I.P.C. and Section 3/4 of POCSO Act, PS Ghazipur, District Fatehpur, pending in the court of Addl. Sessions Judge/Special Judge, POCSO Act, Court No.1, Fatehpur.

¶3The contention of learned counsel for the applicant is that earlier applicant moved application on 05.12.2022 that as per the school marksheet applicant is juvenile but application dated 05.12.2022 did not find on record, he moved another application on

22.08.2023 before trial court for the same prayer but on application of the applicant, no order has passed. The act of the court is abuse of process of court.

¶4Considering the submissions made by applicant's counsel and perused the record, it is hereby directed that the concerned court shall decide the application filed by the applicant dated 22.08.2023 after considering evidence within a period of six weeks, in accordance with law, from the date of production of certified copy of this order.

¶5With the above directions, this 482 application is disposed of. Order Date :- 26.10.2023 Nitin Verma High Court of Judicature at Allahabad