BISHAL BISHWAKARMA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Invoking jurisdiction under Section 482 read with Section 320 of the Code of Criminal Procedure, 1973, for short 'CrPC', petitioner no. 1 who is the accused, petitioner no. 2 who is the complainant and petitioner no. 3 who is the victim has filed this petition seeking direction to drop the proceedings and quash the FIR as registered against petitioner no. 1.

(2.) It is not in dispute that the offence was registered on a complaint made by petitioner no. 2 against petitioner no. 1 in which the allegation has been alleged regarding sexual assault against a minor child (petitioner no. 3), in which after completion of the investigation, Challan has already been filed. The Trial Court has taken the cognizance and the matter has been committed before the Court of Sessions Judge who is competent to decide the same. However, in such a case, the invocation of the power under Section 482 of CrPC is not warranted.

(3.) In the opinion of this Court, it is suffice to observe that the Trial Court shall frame the charge within a period of one month from today and thereafter, within a period of six months trial be concluded as expeditiously as possible in view of the directions issued hereinabove.