CHETAN MEHRA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) In this application, the present applicant has challenged the charges framed by the learned Additional Session Judge/Special Judge (POCSO), Haldwani, District Nainital in Session Trial No. 14 of 2015, State Vs. Chetan Mehra. Before arguing the case on merit, a preliminary objection has been raised by the counsel for the applicant himself that this case may be treated as Criminal Revision, as the applicant has challenged the charges framed by the court concerned. He further submits that the applicant already filed an application under Sec. 482 of Cr.P.C. before this Court at the pre -charge stage, which was ultimately dismissed by this Court vide order dated 10.08.2015. Now the applicant is facing trial under Ss. 376(2)/354(c) of I.P.C., 5/6 of POCSO Act and under Ss. 66 and 43 of the Information Technology Act, 2000 and alternate charge of 67(A) of the Information Technology Act, 2000, which is pending before the court of Additional Session Judge/Special Judge (POCSO), Haldwani, District Nainital.

(2.) This fact that at the pre -charge stage, the applicant already moved an application under Sec. 482 of Cr.P.C. before this Court and the same was dismissed, has not been disclosed in the present application. It has further been stated that he was under the impression that this petition was for different cause of action, which is against the order dated 20.08.2015 by which the court concerned framed the charges against the applicant, which has never been challenged before this Court.

(3.) Though this is a serious matter, but concerning that the counsel for the applicant - Mr. Harshit Sanwal is a young lawyer and he has stated before the Court that it was done due to inadvertent mistake, nothing further needs to be said on this aspect at this stage.