Allahabad High Court
Rahul And Others vs State Of U.P.Thru.Addl.Chief ... on 24 May, 2022
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 2965 of 2022
Applicant :- Rahul And Others
Opposite Party :- State Of U.P.Thru.Addl.Chief Secy.Home Lko.And Another
Counsel for Applicant :- Sumeet Tahilramani
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
Heard learned counsel Sri Sumeet Tahilramani, Advocate for the applicants, learned Additional Government Advocate for the State and perused the material available on record.
The instant application under Section 482 Cr.P.C. has been moved on behalf of the applicants for quashing the order dated 25.10.2021 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Lucknow whereby the applicants have been summoned under Sections 147, 452, 354 'Kha', 504, 506 IPC and Sections 7 & 8 of the POCSO Act in Sessions Trial No. 1631 of 2021 arising out of FIR No. 668 of 2020, dated 26.08.2020, registered under Sections 452, 354-kha, 506 IPC and Sections 7 & 8 of the POCSO Act, 2012, Police Station Gomti Nagar, District Lucknow as well as entire proceedings in pursuance thereof.
Learned counsel for the applicants submits that the court below is proceeding at the stage when charges are still to be framed and the materials, found during investigation by the police, are to be presented before the court below, whereupon cognizance has been taken. In support of his submission of learned counsel for the applicants has cited a judgment of of Apex Court rendered in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in [2021) 10 SCC 773].
On the basis of materials placed on record, learned counsel for the applicants fails to show any manifest error in the proceeding pursuant to lodging of the complaint. Even no prima facie case for the quashment of proceeding is disclosed from the materials on record to invoke the Court's extraordinary power to interfere for the reason of abuse of process or necessary to serve the ends of justice, rather application seems to be an effort of stifling the process of the Court. The case, prima facie, does not fall under any category of illustration given in the judgment of State of Haryana & Others Vs. Ch. Bhajan Lal & Others [AIR 1992 SC 604].
Accordingly, this application under Section 482 Cr.P.C. is disposed of with a direction that if the accused-applicants, summoned under Sections 147, 452, 354 'Kha', 504, 506 IPC and Sections 7 & 8 of the POCSO Act in Sessions Trial No. 1631 of 2021 arising out of FIR No. 668 of 2020, dated 26.08.2020, registered under Sections 452, 354-kha, 506 IPC and Sections 7 & 8 of the POCSO Act, 2012, Police Station Gomti Nagar, District Lucknow, appear/surrender and move an application for bail before the courts below, within a period of 15 days from the date of order, the court concerned is directed to dispose of the bail application, ensuring further participation of the accused-applicants in the proceeding before the court.
Meanwhile, for the aforesaid period of 15 days or the date when the accused-applicants appear/surrender before the court and apply for bail, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 24.5.2022
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