Mujahir @ Muzahid And Another vs State Of U.P. And Another
2022 Latest Caselaw 12092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- APPLICATION U/S 482 No. - 19907 of 2022
 

 
Applicant :- Mujahir @ Muzahid And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- A.Z.Khan
 
Counsel for Opposite Party :- G.A.,Sunil Kumar Mishra
 

 
Hon'ble Saurabh Shyam Shamshery,J.

After arguing for sometime at length, counsel for the applicants prayed that he is not pressing the prayers made in this application for setting aside the order dated 19.5.2022 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Court No.13, District-Saharanpur, which has been passed during the proceedings in Complaint Case No.147 of 2022, Police Station-Nagal, district-Saharanpur, (Tasavvar Vs.Mujahir and Others) by which he has summoned the applicants for facing the trial under section 354 and 354B of I.P.C. and 9M/10 of POCSO Act pending before the Special Judge (POCSO Act)/Additional Sessions Judge, Court No.13, District-Saharanpur and prayed that the applicants are desirous to appear before the trial court within a period of two weeks, file bail applications and in case the bail applications are filed, the same may be decided expeditiously in view of the judgment of Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

In view of the above, prayers made in this application are rejected.

Application is disposed of with the direction that in the event applicants honour their undertaking and file appropriate bail applications, Trial Court will undertake all endeavour to decide the same expeditiously in accordance with law considering the judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Order Date :- 5.9.2022

SB