Neeraj Pandey vs State Of U.P. And Another
2022 Latest Caselaw 6132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 17317 of 2022
 

 
Applicant :- Neeraj Pandey
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Pradeep Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the bailable warrant dated 22.10.2020 passed by learned Special Judge POCSO Act, Azamgarh in Special Case No.140 of 2019 (State Vs. Neeraj and others) arising out of Case Crime No.210 of 2018, under Sections 354, 147, 323, 504, 506 I.P.C. and Section 3(1) (da), 3(1) (Dha) and Section 3(2)(va) S.C./S.T. (Prevention of Atrocities) Act, 1989 and Section 7/8 POCSO Act, Police Station Ahraula, District Azamgarh with a further prayer to stay the proceedings of the aforesaid case.

At the very outset, counsel for the applicant states that the applicant will surrender before the court below and apply for bail.

Learned counsel for applicant has cited judgment Hon'ble Supreme Court in the case of Hitesh Verma Vs. State of Uttrakhand and Another. In the said judgment Hon'ble Supreme Court has said that the application U/S 482 Cr.P.C. can be invoked to meet end of justice in the case of S.C./S.T. Act and charge sheet can be quashed. The said judgment is recent judgment decided on 5.11.2020 reported in (2020) 10 SCC 710. She has further invited attention of this Court in the judgment of Satish Kumar Sharma Vs. State of U.P. and Another decided on 17.7.2019 in Application U/S 482 Cr.P.C. No. 3560 of 2019 passed by co-ordinate Bench of this Court in which the Court has observed that the application U/S 482 Cr.P.C. can be maintained for quashing the charge sheet. She further invited the attention of this Court in the judgment passed by co-ordinate Bench of this Court at Lucknow vide order dated 18.3.2021 in Application U/S 482 Cr.P.C. No. 1380 of 2021 in which this Court has also taken note that of the judgment passed by the Supreme Court in Hitesh Verma Vs. State of Uttrakhand and Another (Supra) and the Court has held that the application U/s. 482 Cr.P.C. is maintainable.

It is therefore, directed that in case the applicant surrenders before the court below within one month from today and prefers bail application, it will decide the said bail application, as expeditiously as possible, preferably within a period of one month thereafter. It is further provided that while deciding the bail application of the applicant, the court below will take into account the law laid down by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another passed in Special Leave to Appeal (Crl.) No(s). 5191 of 2021 on 07.10.2021 and decide it in accordance with law.

The application stands disposed of.

Order Date :- 6.7.2022

Atul