KAMLENDRA BAHADUR MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ronak Chaturvedi, learned counsel for the applicants and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite party.

(2.) The present application under Section 482 Cr.P.C. has been filed seeking to quash the proceedings of Special Session Trial No. 75 of 2019 (State Vs. Kamlendra Bahadur Mishra and others) arising out of Case Crime No. 62 of 2019, under Sections 323, 342, 504, 506 I.P.C. read with 3 (2) (v-a) of S.C./S.T. Act, Police Station Bijpur, District Sonbhadra pending in the court of Special Judge S.C./S.T. Act, Sonbhadra and also the order dated 20.02.2020 framing charges.

(3.) The only ground which has been sought to be canvassed to challenge the order dated 20.02.2020 and also the proceedings is that the learned Special Judge before proceeding to frame charges against the applicants did not provide opportunity to move a discharge application and accordingly the applicants have been denied their valuable right to claim discharge granted to an accused under Section 227 of the Code of Criminal Procedure.