Sanjay And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 15601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 25380 of 2022
 

 
Applicant :- Sanjay And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Prakash Chandra Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. This matter is taken up out of turn on a mention made by learned counsel for applicants.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 30.05.2022 passed by Special Judge/ Exclusive Judge (POCSO Act), Marajganj, arising out of Complaint Case No. 129 of 2020 (Sevra Devi vs. Sanjay and others), under Sections 354, 323, 504 IPC and 7/8 POCSO Act, Police Station Kotwali, District Maharajganj.

3. Learned counsel for applicants, after arguing for some time, on instruction, submits that applicants are ready to surrender before the Trial Court and prayed that Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. In view of above, prayers made in this application are rejected. However, the application is disposed of with the direction to applicants to surrender before Trial Court and file bail application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil (supra).

Order Date :- 1.11.2022/AK

(Sl. No. 171 out of 307 fresh cases)