Dismissed

Rajendra and 3 Others v. State of U.P. and Another

Allahabad HC23 Feb 2021A482/4136/2021

Case brief

AI extract

What is this about?

The High Court refused the quash petition under Section 482 CrPC. Instead, it granted the appellants 30 days to appear and surrender for Bail, during which no coercive action would be taken. Failure to comply within this period would attract coercive action.

What did the court decide?

Refused quash petition. Granted 30 days to appear for Bail with restriction on coercive action.

Rajendra and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 4136 of 2021

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Applicant :- Rajendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants, Sri Nikhil Chaturvedi learned A.G.A for the State/opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the order dated 14.1.2021 passed by Additional District and Session Judge/ Special Judge (POCSO Act), Court No.1, Hathras in Complaint Case No. 02/2020 (Babulal vs. Rajendra and others), under Sections 452, 354, 323, 504, 506 I.P.C. and 7/8 POCSO Act, P.S. Sasni, District Hathras pending in the Court of the Additional District and Session Judge/ Special Judge (POCSO Act), Court No.1, Hathras.

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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.

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In view of the above, the relief as sought in the instant application, is refused.

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At this stage, counsel for the applicants makes a submission that the applicants are ready to submit to the jurisdiction of the concerned court, seek bail and accept all the conditions which this Court may deem fit to impose upon them. The only prayer made by learned counsel for the applicants is for expeditious disposal of their bail application.

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Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is provided that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, the bail application of the applicants shall be considered and decided by the concerned Court taking into view the settled legal position in this regard.

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For a period of 30 days from today or till appearance of the

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applicants before the Court below, whichever is earlier, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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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.

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With the aforesaid observations and directions, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 23.2.2021 S.S.

Rajendra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rajendra and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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