Partly allowed

Buddhi Lal @ Shivnayak v. State of U.P.and Another

Allahabad HC7 Feb 2022A482/1797/2022

Case brief

AI extract

What is this about?

This court refused to quash the N.B.W. order and dismissed the quashing application under S. 482 Cr.P.C. as the matter involves factual disputes. The court directed that if the applicant surrenders within two weeks, his bail prayer will be considered, and the N.B.W. is kept in abeyance for three weeks.

What did the court decide?

Prayer for quashing refused; N.B.W. stayed for 3 weeks; bail to be considered if applicant surrenders within 2 weeks.

Buddhi Lal @ Shivnayak Vs State of U.P.and… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 1797 of 2022

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Applicant :- Buddhi Lal @ Shivnayak Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajkishore Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed praying for quashing of N.B.W. order dated 29.09.2021 as well as its all the consequential orders passed by Addl. District and Sessions Judge/ Special Judge POCSO Act, Court no. 1, Fatehpur bearing Special Trial No. 44 of 2019 in FIR No. 0047 of 2019 (State Vs. Buddhi Lal @ Shivnayak), under sections 354-B, 323 IPC and section 7/8 POCSO Act, P.S. Chandpur, District Fatehpur.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case praying for quashing of impugned order. The prayer praying for quashing of same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

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For a period of three weeks from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.

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The present application stands disposed of .

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.02.08 17:37:47 IST Reason: Location: High Court of Judicature at Allahabad

Buddhi Lal @ Shivnayak v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Buddhi Lal @ Shivnayak v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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