Citation : 2023 Latest Caselaw 1379 ALL
Judgement Date : 12 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 30387 of 2022 Applicant :- Smt. Shalni And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Manish Mishra,Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants, Sri Mohd. Faisal Khan, learned counsel for the opposite party no. 5 as well as learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicants to quash the impugned charge sheet dated 3.12.2020 along with cognizance order dated 15.4.2022, U/S 323, 504, 506, 354, 354-A, 354-B, 452, 509 IPC and section 7 & 8 POCSO Act , P.S. Civil Lines, District Muzaffar Nagar arising out of Case Crime no. 366 of 2020, as well as entire proceeding of Special Case no. 2 of 2022 (State Vs. Smt. Shalni & another), pending before Special Additional Session Judge (POCSO), District Muzaffar Nagar.
During arguments, learned counsel for the applicants has submitted that he does not want to press the prayer for quashing of the above mentioned case. His sole prayer is that a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.
Considering the facts and circumstances of the case, the present application is disposed of with the direction that in case the applicants filed bail application before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).
With the above observations, this application u/s 482 is disposed of finally.
Order Date :- 12.1.2023
A.
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