In a case where the applicant submitted to the jurisdiction of the lower court offered to seek bail instead, the court observed instructions regarding submission and bail principles before disposing of the application under Section 482 Cr.P.C.
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 16024 of 2021
Applicant :- Praveen Vishwakarma @ Hori Lal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Neelesh Kumar Mishra, learned counsel for the applicants and Shri Sameer Shankar, learned AGA appearing for the State opposite party.
The present applicant under section 482 Cr.P.C. has been filed seeking to set aside the order dated 24.04.2021 passed by Judicial Magistrate, Chakiya, Chandauli in Case No. 1911 of 2018 (Nagina Devi Vs. Praeen Vishwakarma and others) summoning the applications under Sections 452, 323, 354 I.P.C., Police Station Shahabganj, District Chandauli and the revisional order dated 24.03.2021 passed by Additional Sessions Judge (POCSO Act), Chandauli in Criminal Revision No. 55/2019 (Praveen Vishwakarma and others Vs. Nagina Devi and another).
Learned counsel for the applicants after making submissions to some extent fairly submits that the necessary ingredients for invocation of powers under section 482 Cr.P.C. are not made out in the facts of the present case and accordingly, he does not wish to press the prayers as made in the application. The reliefs sought are therefore, not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek bail.
In case any such application is moved by the applicants, the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly .
Order Date :- 7.9.2021 Kirti
(Dr. Y.K. Srivastava, J)
Praveen Vishwakarma
Yogendra Kumar Srivastava
unknown
As recorded by the court registry
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