Allahabad High Court
Ravindra Nath Yadav And Others vs State Of U.P. ... on 17 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 386 of 2023
Applicant :- Ravindra Nath Yadav And Others
Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Deptt. And Others
Counsel for Applicant :- Santosh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
At the very outset, learned counsel for the applicants submits that he may be permitted to withdraw this application on behalf of applicant no. 1 during the course of the day with liberty to file fresh.
Learned A.G.A. appearing for the State has no objection to the contention aforesaid.
In view of aforesaid, learned counsel for the applicants is permitted to withdraw the instant application on behalf of applicant no. 1 with liberty to file a fresh.
It is further directed that learned counsel for the applicants shall delete the name of applicant no. 1 from the array of parties during the course of the day.
Heard learned counsel for the applicants no. 2 to 6, Shri Girijesh Kumar Dwivedi, learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C has been filed to quash the entire proceedings of Special Sessions Trial No. 1128 of 2022, arising out of Case Crime No. 159 of 2022, under sections 147,323,504,506,354 I.P.C. and section 7/8 of the Protection of Children from Sexual Offences Act, 2012, relating to Police Station-Jaisinghpur, District-Sultanpur, pending in the Court of learned Special Judge, POCSO Act, Court No. 12, Sultanpur, impugned Chargesheet dated 28/29-06-2022 submitted by the Investigating Officer against the applicant no. 1 under sections 147,323,504,506,354 I.P.C. and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 as well as impugned cognizance/summoning order dated 12-10-2022 and impugned order of Bailable Warrant dated 21-11-2022 passed by the learned Special Judge, POCSO Act, Court No. 12, Sultanpur
Learned counsel appearing for the applicants submits that the applicant nos. 2 to 6 are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.
At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant nos. 2 to 6 appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
The application is disposed of accordingly.
Order Date :- 17.1.2023
AKS
