The High Court disposed of a petition under Section 482 CrPC seeking quashing of a summoning order in a POCSO case, granting liberty to the applicant to move a discharge application before the lower court.
liberty granted to move discharge application within 15 days for expeditious adjudication
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Court No. - 92 Case :- APPLICATION U/S 482 No. - 3379 of 2022 Applicant :- Mohammad Asim @ Mohammad Asim Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present petition has been preferred by the applicant for quashing the impugned summoning order dated 01.09.2021 passed by court of Special Judge (POCSO Act), First, Amroha in Final Reort Misc. Case No.370 of 2021(Shabana/ State of U.P. Vs. Kasim), in connection with Case Crime No.362 of 2020, Police Station - Rajabpur, District - Amroha by which the applicant has been summoned under under Section 323, 506, 376D I.P.C. and Section 3/4 of POCSO Act, 2012, pending in the court of Special Judge (POCSO Act), First Amroha.
After arguing at some length, learned counsel for the applicant/petitioner has submitted that liberty may be given to the applicants/petitioners for moving a discharge application before the court below.
Learned AGA has no objection to the prayer made by learned counsel for the applicant/petitioner.
The present petition is disposed of with liberty to the applicant/petitioner 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 :- 20.4.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.04.20 13:52:06 IST Reason: Location: High Court of Judicature at Allahabad
Mohammad Asim
State of U.P
Manish Kumar
As recorded by the court registry
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