Suraj Rajbhar (Minor) v. State of U.P. and 3 Others

Court No. - 89 Case :- APPLICATION U/S 482 No. - 36081 of 2023 Applicant :- Suraj Rajbhar (Minor) Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brajesh Kumar Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard Sri Brajesh Kumar Chaturvedi, learned counsel for the applicant and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and to direct the learned Special Judge (POCSO Act)/Addl. Sessions Court No.8, Ballia to decide the application of the applicant through his mother dated

25.04.2023 as well as conclude the trial proceedings of Sessions Trial No.193 of 2023, arising out of Case Crime No.370 of 2022, under Sections, 363, 376(3) I.P.C. and Section 3/4 of POCSO Act, P.S. Reoti, District Ballia.

¶3Learned counsel for the applicant submitted that instant petition has been filed by mother of the accused, being guardian of accused minor and she moved application, that accused/applicant was minor at the time of incident as per High School admit card and, the same is pending since 25.04.2023 more than 8 months is going to be passed but application is still pending before trial court.

¶4Considering the argument raised by applicant's counsel, this application is finally disposed of with a direction to the trial court to decide the aforesaid application of the applicant in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 13.12.2023 Nitin Verma High Court of Judicature at Allahabad