Disposed

Netra Pal and 2 Others v. State of U.P. and Another

Allahabad HC18 Feb 2020CRLR/558/2020

Case brief

AI extract

What is this about?

In a criminal revision under Cr.P.C. against a summons order in a POCSO/IPC case, the revisionists withdrew their challenge to the summons, refused relief, but granted 45-day protection against coercive action pending bail hearings. The lower court was directed to dispose of the bail application expeditiously citing Shri Amrawati and Lal Kamlendra judgment guidelines.

What did the court decide?

Refused relief against impugned order. Granted 45-day protection against coercive action. Directed lower court to consider bail application expeditiously.

Netra Pal and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 77

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Case :- CRIMINAL REVISION No. - 558 of 2020

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Revisionist :- Netra Pal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.,Adya Prasad Tewari,Ravi Shankar Tripathi

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Hon'ble Sanjay Kumar Singh,J.

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Supplementary affidavit dated 17.2.2020 filed today on behalf of the revisionists is taken on record.

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Heard learned counsel for the revisionists and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This revision under Section 397/401 Cr.P.C. has been filed by the revisionists against the order dated 17.1.2020 passed by Special Judge, POCSO Act, Budaun in Case No. 248 of 2020 (State vs. Dharmendra and others) arising out of Case Crime No. 353 of 2019, under Section 363 IPC and 16/17 POCSO Act, police station Bilsi, district Budaun, whereby revisionists have also been summoned by the trial court to face trial.

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Learned counsel for the revisionists after advancing his arguments at some length, gave up his challenge to the aforesaid impugned order dated 17.1.2020 against the revisionists and requested to grant some protection, so that revisionists may surrender before the court below. Learned counsel for the revisionists further stated at the bar that he is not pressing the prayer made in this revision and prayed that a direction be issued to the concerned court below to consider and decide the bail application of the revisionists expeditiously in accordance with law.

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In view of above, impugned order dated 17.1.2020 is not liable to be interfered and as such the relief as claimed by the revisionists in the revision is hereby refused.

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However, considering the prayer made by learned counsel for the revisionists, it is directed that in case revisionists appear before the concerned court below within 45 days from today and apply for bail, the bail application of the revisionists shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall be taken against the revisionists in the above mentioned case.

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With the above observations, this revision is disposed of.

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Order Date :- 18.2.2020 Sumaira

Netra Pal and 2 Others v. State of U.P. and Another

Case brief

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Netra Pal and 2 Others v. State of U.P. and Another

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