Allahabad High Court
Rahul And 6 Others vs State Of U.P. And Another on 27 January, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- APPLICATION U/S 482 No. - 3006 of 2023
Applicant :- Rahul And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vivek Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Vivek Kumar Mishra, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicants Rahul, Arun Kumar, Jagdish, Rambabu, Manoj, Ramprakash and Surendra, with the prayer to allow the present application and quash the summoning order dated 30.4.2022 issued by Special Judge (POCSO Act)/Additional Sessions Judge, Court Room No. 8, Shahjahanpur in Complaint Case No. 129 of 2021 (Ramadevi vs. Rahul and others), under Sections 354, 323 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station Rauja, District Shahjahanpur, pending before the court of Additional District and Sessions Judge, Room No. 8, Shahjahanpur, and with the further prayer to stay the further proceedings of aforesaid complaint case, during pendency of the present application.
Report of the stamp reporter dated 16.1.2023 states that as per computer report a 482 Application-20186 of 2022 of [email protected] Kumar and 5 others, has been filed by the applicants before this Court.
The said application being Application U/S 482 No. 20186 of 2022 (Rahul @ Rahul Kumar and 5 others vs. State of U.P. and another) was disposed of vide order dated 11.10.2022 passed by a co-ordinate Bench of this Court. The said order is quoted herein below:-
"Shri Rama Shanker Mishra, learned counsel for the applicants after arguing for sometime on instructions submits that he is not pressing the prayers made in this application for quashing the summoning order dated 30.4.2022 passed by the learned court below as well as entire proceedings of Complaint Case No. 129 of 2021 (Rama Devi vs. Rahul and others) under Sections 354, 323 IPC and Section 7/8 of the Protection of Children from Sexual Offences Act, Police Station Roza, District Shahjahanpur and prayed that the applicants are desirous to appear before the trial court within a period of three weeks, file bail applications and in case the bail applications are filed, the same may be decided expeditiously in view of the judgement 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 to appear within aforesaid period and thereafter 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."
On being countered, learned counsel for the applicants states that he has no information about the same as his clients have not instructed him of filing of any such previous petition under Section 482 Cr.P.C. and as such the recital in para-2 of the affidavit that this is the first criminal misc. application under Section 482 Cr.P.C. filed on behalf of the applicants for present cause of action is incorrect. He states that the present application be dismissed as not pressed.
The present application is dismissed as not pressed but with words of caution to the applicants/deponent not to adopt this tactics again and be careful in future.
Office is directed to communicate this order to the concerned trial court within two weeks.
(Samit Gopal,J.)
Order Date :- 27.1.2023
Naresh
