Rahul and 3 Others v. State of U.P. and Another
Case brief
What is this about?
Single judge application under Section 482 Cr.P.C. Quashing order refused as counsel conceded no grounds existed. Court granted alternate relief allowing bail consideration if applicants surrender within 15 days, avoiding coercive action during that period.
What did the court decide?
Refused quashing order; granted 15-day stay on coercive action pending appearance and bail application.
What the court decided
Court No. - 79
Case :- APPLICATION U/S 482 No. - 16295 of 2020
Applicant :- Rahul And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Sri Amir Khan, Advocate has filed counter affidavit along with his Vakalatnama on behalf of the opposite party no.2, which is taken on record.
Heard learned counsel for the applicants, Ms. Seema Shukla, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 14.02.2020 in Complaint Case No. 23 of 2019 (Smt. Shahnaz Vs. Rahul and others), under Sections 363, 511, 452, 354-Kha, 506 IPC and Section 8 of POCSO Act, Police Station Narsaina, District Bulandshahr, pending in the Court of Special Judge (POCSO Act)/Addl. Sessions Judge, Court No.3, Bulandshahr.
Learned counsel for the applicants, after making submissions to some extent, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application.
Issues for consideration
3 issues framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashment of the summoning order requires strict adherence to stated grounds when counsel concedes the lack of grounds.
Whether applicants are ready to submit to the jurisdiction of the concerned court, seek bail, and accept all conditions.
Whether ancillary directions regarding surrender and bail consideration within a specified time period areappropriate.
Parties & counsel
- applicant
Rahul And 3 Others
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- A482/16295/2020
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