Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3914 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
14.05.2025
C-528 NO. 382 of 2025 Hon’ble Vivek Bharti Sharma, J.
Mr. Narendra Bali, learned counsel for the petitioner.
2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) seeking quashing of the entire proceedings of Sessions Trial No. 01 of 2018 pending before the learned Sessions Court arising out of offences under Sections 420, 342, 120-B, 370(4) of the Indian Penal Code, 1860 (I.P.C.) as well as Sections 18, 19, 19-A, and 20 of the Transplantation of Human Organs and Tissues Act, 1994.
4.
Learned counsel for the petitioner/accused would submit that the charge is framed under Section 370(4) of the I.P.C., however, as per the allegations in the charge sheet and the prosecution case no prima facie offense under Section 370(4) I.P.C. is made out against the petitioner, however, the ingredients of the offense under Section 370 IPC may be attracted.
He would further submit that during the pendency of this petition, the petitioner has moved an appropriate application under Section 239 B.N.S.S. before the trial court seeking alteration or modification of the charges framed against him; that, the said application is currently pending
consideration before the trial court.
2025:UHC:3914
Thus, the petitioner has made an innocuous prayer requesting that this Hon’ble Court may be pleased to direct the learned Trial Court to decide the application filed by the petitioner under Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) expeditiously, preferably within a time-bound period.
5. The learned State Counsel submits that he has no objection to the innocuous prayer made by the counsel for the petitioner.
6. After considering the peculiar facts and circumstances of the present case, the Trial Court is directed to decide the application of the petitioner/accused expeditiously in accordance with applicable law.
7. Accordingly, the present petition stands disposed of.
8. Pending applications, if any, also stand disposed of.
(Vivek Bharti Sharma, J.)
14.05.2025 Mamta
2025:UHC:3914