This application under Section 482 CrPC seeks quashing of criminal proceedings under the IPC and POCSO Act. The court disposed of the petition by granting liberty to the applicant to file a discharge application within fifteen days.
Liberty granted to applicant to move discharge application within fifteen days.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 22269 of 2021
Applicant :- Rinku Thakur Opposite Party :- State Of U.P And Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present petition has been preferred by the applicant for quashing of the entire proceedings of Special Sessions Trial No. 5175 of 2019 arising out of case crime no. 708 of 2019, under Sections 376, 323, 506 IPC & 3/4 of POCSO Act, P.S. Etmaddaula, District Agra pending in the court of Additional District and Sessions Judge, court no. 27/Special Judge (POCSO Act), Agra.
After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant for moving a discharge application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicant.
The present petition is disposed of with liberty to the applicant to move discharge application before the court below within a period of fifteen days and the same shall be decided expeditiously in accordance with law.
Order Date :- 9.5.2022 Nitesh
Digitally signed by NITESH KUMAR TEWARY Date: 2022.05.10 11:25:12 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty should be granted to the applicant to file a discharge application before the trial court.
3 provisions across 3 enactments
Rinku Thakur
State Of U.P
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
