In this brief order, the High Court dismissed the application under Section 482 CrPC but granted liberty to the applicants to file a discharge application before the court below within fifteen days for expeditious disposal.
Granted liberty to applicants to move discharge application before the court below within fifteen days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- APPLICATION U/S 482 No. - 916 of 2022
Applicant :- Abhishek Kharwar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants and learned AGA for the State.
Present petition has been preferred by the applicants for quashing the charge sheet dated 09/03/2020 in Case Crime No.264/2019, under Section 363/ 366/ 506/ 379 IPC and Section 5/6 POCSO Act, and Section 3(2)(V) SC/ST Act, Police Station - Mariyahun, District - Jaunpur on which First Special Judge (POCSO Act), Jaunpur took cognizance vide order dated 26/06/2020 and registered the case as SST No.136/2020.
After arguing at some length, learned counsel for the applicants/petitioners 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 applicants/petitioners.
The present petition is disposed of with liberty to the applicants/petitioners 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 :- 18.5.2022 S. Kumar
Digitally signed by SANTOSH KUMAR Date: 2022.05.18 18:03:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty ought to be granted to applicants for filing a discharge application before the court below.
1 provisions across 1 enactments
Abhishek Kharwar
Another
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
