Disposed

Bhupendra @ Bholu v. State of U.P. and Another

Allahabad HC20 Jan 2020A482/2717/2020

Case brief

AI extract

What is this about?

The High Court disposed of an application to quash charge sheets and a non-bailable warrant. It refused to quash the orders but directed the applicant to surrender and apply for bail within 15 days, keeping the warrant's operation in abeyance during that period.

What did the court decide?

Application disposed; direction to surrender and apply for bail within 15 days; non-bailable warrant effect kept in abeyance for 15 days.

Bhupendra @ Bholu Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 2717 of 2020

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Applicant :- Bhupendra @ Bholu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet as well as non-bailable warrant order dated 23.9.2019 passed by VIII Additional District Judge, Muzaffar Nagar in Special Session Trial No.192 of 2017 arising out of case crime no.705 of 2017 under sections 323, 354B, 504, 506 IPC and 7/8 POCSO Act, Police Station Nai Mandi, District Muzaffar Nagar pending in the Court of VIII Additional District Judge, Muzaffar Nagar. Further prayer has been made to stay the proceedings of the aforesaid special session trial.

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Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond their control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

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Learned A.G.A. appearing for the State opposed the prayer.

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Having regard to the facts and circumstances of the case, after perusing the impugned order as well as material brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.

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However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 15 days from today and apply for bail, which shall be considered and decided in view of the settled law. For a period of 15 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

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In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.

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With the aforesaid observations, the application is disposed of.

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Order Date :- 20.1.2020 ss

Bhupendra @ Bholu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhupendra @ Bholu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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