Court refused the prayer to quash proceedings but directed expedited bail hearing if applicants surrender within 30 days; no coercive action during this period if complied with.
No coercive action for 30 days; bail hearing to be expedited upon surrender; prayer for quashing refused.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 18097 of 2020
Applicant :- Nandkishor And Another Opposite Party :- State Of U.P. An Another Counsel for Applicant :- Krishna Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 46 of 2020 (Sarswati v. Prashant and another) pending in the Court of the Additional District & Sessions Judge/ Special Judge (POCSO Act), Bulandshahar as well as the summoning order dated 08.10.2020 passed in the said case under Sections 452, 354(Kh), 323, 504, 506 I.P.C. and 7/8 of the Prevention of Children from Sexual Offences Act, Police Station Syana, District Bulandshahar.
At the very outset learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the proceedings as well as summoning order as have been made in the application. They are ready to submit to the jurisdiction of the court, seek bail and accept all the conditions, which this Court may deem fit to impose upon them. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done expeditiously.
In view of the submission made by the learned counsel for the applicants, the prayer, insofar as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.
However, it is directed that if the applicants appear and
surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by the Hon'ble Apex Court.
For a period of 30 days from today or till the appearance of the applicants before the court concerned, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application is finally disposed of.
It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.
Order Date :- 27.1.2021 SKT/-
1 provisions across 1 enactments
Nandkishor And Another
Vivek Varma
As recorded by the court registry
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