Court disposed of Section 482 Cr.P.C. application to quash POCSO proceedings by directing the applicant to surrender and apply for bail within 15 days for expeditious hearing.
Direction to applicant to surrender and apply for bail within 15 days for expeditious hearing.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 8781 of 2022
Applicant :- Islam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the cognizance/summoning order dated 27.09.2019 passed by Additional District Judge/POCSO 2nd, Hapur as well as quash the entire criminal proceeding of Session Trial NO. 81 of 2019, arising out of Case Crime No. 253 of 2018, under Sections 323, 354, 354Ka, 506 I.P.C. and 7/8 POCSO Act as well as charge sheet no. 638 of 2018 (Dated 31.10.2018), P.S.-Dhaulana, District- Hapur (State Vs. Islam).
This case is related to POCSO Act.
Learned counsel for the applicant contended that applicant is on bail in Case Crime No. 253/2018, under Sections 323, 354, 354Ka, 506 I.P.C. Section 7/8 POCSO Act has been added in the charge sheet on the basis of medical report. Present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the applicant are false and fabricated. The applicant is innocent and he has not committed any offence.
At this stage, learned counsel for applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.
The application is, therefore, disposed of with the direction that if the applicant appears and surrenders before the court concerned within 15 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 15.7.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.15 14:00:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the cognizance and criminal proceedings in a POCSO trial pending bail.
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶10
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm SinghReferred¶10
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Islam
State of U.P.
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Om Prakash Tripathi
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