Court No. - 44

Case :- APPLICATION U/S 482 No. - 1257 of 2018

Applicant :- Abhishek

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Kaushal Jayendra Thaker,J.

Case called out in the revised call. None is present for

applicant.

By way of this application, the applicant has prayed for

quashing the order dated 4.1.2018 in Special Sessions Trial

No.03/2013 ( State Vs. Abhishek ) u/s 363, 366, 376 (2) Jh,

504 IPC and U/s 3(1)10 & 3(ii)(v) of SC/ST Act and u/s 4

Pocso Act arising out of Case Crime No.151/2013, P.S. Jaswant

Nagar, District Etawah .

The application filed under Section 311 Cr.P.C. was dismissed

by the learned Court below mentioning that this is a very old

and evidence of the parties has already been closed. It is

mentioned that several dates were given to the accused. The

learned Judge recorded the statement of the prosecutrix who has

stated that she had voluntarily gone with the accused. Learned

Court below refused to exercise power under Section 311 of

Cr.P.C.

There is no stay granted to proceeding of trial. If the trial has

not concluded, all th