Disposed¶12

Rajnish Pal @ Tilka v. State of U.P. and 4 Others

Allahabad HC7 Nov 2023A482/41015/2023

Case brief

AI extract

What is this about?

482 Cr.P.C. quashing application, Allahabad High Court, Deepak Verma J., 7.11.2023 (2023:AHC:213585); applicant Rajnish Pal @ Tilka; POCSO Ss.7/8 and IPC Ss.354, 506; Case Crime No.203 of 2023, P.S. Eka, Firozabad; P.S.T. No.1580 of 2023; quashing relief not pressed and refused; surrender within three weeks; expeditious bail per Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922; interim no-coercive-action protection; application disposed.

What did the court decide?

Quashing relief refused; alternative prayer allowed - applicant to surrender within three weeks, bail application (if made) to be decided expeditiously by the courts below in accordance with Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922), and no coercive action for three weeks or till surrender, whichever is earlier. ¶12

Rajnish Pal @ Tilka Vs State of U.P. and 4… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the charge sheet dated 20.06.2023, the cognizance/summoning order dated 24.07.2023 and the entire proceedings of P.S.T. No.1580 of 2023 arising out of Case Crime No.203 of 2023 should be quashed. +1 more

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Court's answer

The relief sought in the application (quashing of the charge sheet, cognizance/summoning order and proceedings) is refused, the applicant's counsel having not pressed it on merits.

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Ratio / Principle

The applicant is directed to surrender before the court below within three weeks; if he applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922.

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Key takeaways

For three weeks from the date of the order or till surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against him.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Neutral Citation No. 2023:AHC:213585, Order dated 7.11.2023 - Application U/S 482 No. 41015 of 2023 by Rajnish Pal @ Tilka seeking quashing of the charge sheet dated 20.06.2023, cognizance/summoning order dated 24.07.2023 and entire proceedings of P.S.T. No.1580 of 2023 (State Vs. Rajnishpal @ Tilka), arising out of Case Crime No.203 of 2023 under Sections 354, 506 I.P.C. and 7/8 Protection of Children From Sexual Offences Act, P.S. Eka, District Firozabad, pending before the Special Judge (POCSO Act)/Additional Sessions Judge, Firozabad. Counsel for the applicant did not press the quashing relief on merits; the relief was refused. The Court directed the applicant to surrender within three weeks and, in case of a bail application, its expeditious decision by the courts below in accordance with Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC OnLine SC 922; no coercive action for three weeks or till surrender, whichever is earlier. Application disposed of.

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Neutral Citation No. - 2023:AHC:213585

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 41015 of 2023 Applicant :- Rajnish Pal @ Tilka Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rajnish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the Charge sheet dated 20.06.2023; cognizance/summoning order dated 24.07.2023 as well as entire proceedings of P.S.T. No.1580 of 2023 (State Vs. Rajnishpal @ Tilka) arising out of Case Crime No.203 of 2023, under Sections 354, 506 I.P.C. and 7/8 Protection of Children From Sexual Offences Act, P.S. Eka District Firozabad, pending in the court of Special Judge (POCSO Act)/Additional Sessions Judge, District Firozabad.

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On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously.

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Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

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Accordingly the relief as sought by the applicant through this application is refused.

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Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

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For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 7.11.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Rajnish Pal @ Tilka v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Rajnish Pal @ Tilka v. State of U.P. and 4 Others

Case brief

What is this about?

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What the court decided

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