Application under Section 482 Cr.P.C. was disposed of as withdrawn by the applicant with liberty to file a bail application in a POCSO-related case.
Application disposed of as withdrawn with liberty to file bail application.
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.
Neutral Citation No. - 2023:AHC:130771
Court No. - 91
Case :- APPLICATION U/S 482 No. - 23462 of 2023
Applicant :- Upendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra,Nitin Sharma Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State- opposite party and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet dated 22.11.2022 and cognizance order dated 17.4.2023 passed by Special Judge POCSO Act, Court No.1, Kushinagar at Padraunda, whereby the applicant no.1 has summoned for the offence under Section 323, 504, 354, 452 and 506 IPC as well as Section 7/8 of POCSO Act and also the applicant nos. 2 to 4 for offence under Section 323, 504, 506 IPC as well as entire proceedings of Session Trial No. 543 of 2023, (State v. Upendra & Ors) arising out of Case Crime No. 182 of 2022, under Section 323, 504, 354, 452,506 IPC as well as Section 7/8 of POCSO Act., P.S. Hanumanganj, District Kushinagar.
After arguing the matter at some length, learned counsel for the applicants prays for withdrawal of this application with liberty to the applicants to file bail application before the court of competent jurisdiction.
Learned A.G.A. has no objection to such request.
In view of the above, the instant application is disposed of as withdrawn with liberty to the applicants to appear before court concerned and file appropriate application for bail, which shall be decided in the light of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another , Special Leave to Appeal (Crl.) No (s) 5191 of 2021 , decided on 07.10.2021 .
Order Date :- 3.7.2023 Akbar
Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar AntilReferred¶10
Satender Kumar Antil v. Central Bureau of Investigation and another, Special Leave to Appeal (Crl.) No (s) 5191 of 2021
Upendra And 3 Others
State of U.P. and Another
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
