Gopal Sarraf @ Narsingh Kumar ... vs State Of U.P. And Another
2022 Latest Caselaw 12621 ALL

Citation : 2022 Latest Caselaw 12621 ALL
Judgement Date : 12 September, 2022

Allahabad High Court

Gopal Sarraf @ Narsingh Kumar ... vs State Of U.P. And Another on 12 September, 2022

Bench: Gautam Chowdhary




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 2305 of 2021
 

 
Revisionist :- Gopal Sarraf @ Narsingh Kumar Kesari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Swati Agrawal Srivastava
 
Counsel for Opposite Party :- G.A.,Ahmad Ali Siddiqui,Shahid Ali Siddiqui,Syed Ahmed Faizan,Zaheer Asghar
 

 
Hon'ble Gautam Chowdhary,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 praying for quashing of judgment and order dated 9.9.2021 passed by Additional District & Sessions Judge/Special Judge POCSO Act, Allahabad in Special Session Trial No.110 of 2020 (State Vs. Pankaj Kesari and others), arising out of Case Crime No.1100 of 2019, under Sections 376D I.P.C. and Section 5/6 POCSO Act, Police Station- Naini, District- Prayagarj, pending in the court of Additional Distirct & Sessions Judge/Special Judge POCSO Act, Allahaba.

The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

For a period of two weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

The present application stands disposed of.

Order Date :- 12.9.2022

Md Faisal