The High Court disposed of an application under Section 482 Cr.P.C. without adjudicating the merits, directing the applicants to file an application before the trial court with corrected prayer clauses within 15 days.
Direction to approach trial court with corrected prayer within 15 days.
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Court No. - 71 Case :- APPLICATION U/S 482 No. - 43706 of 2022 Applicant :- Gulsher And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhtar Ali,Ajaj Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicants submits that in the prayer clause of the application Section 453 IPC has been wrongly mentioned in place of Section 452 IPC along with other sections.
Learned counsel for the applicants prays for and is granted permission to make the necessary corrections in the prayer clause of the application during course of the day.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding as well as the impugned charge sheet dated 26.09.2020 and impugned cognizance order dated 29.09.2020 passed by Additional District and Sessions Judge/Special Judge, POCSO Act, Bareilly in Criminal Case No. 244/2020, Case Crime No. 487/2019 under Sections 147/452/323/504/506 IPC (State Vs. Shaheed Ahmad and others) Police Station Cantt. District Bareilly pending in the court of Additional District & Session Judge/Special Judge POCSO Act, Bareilly.
In the Court, learned counsel for the applicants only argued that some relaxation may be given to the applicants as they want to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the court below within 15 days from today and move an application before the trial court, the same shall be disposed of as soon as possible in view of law laid down in 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 :- 2.1.2023 gp
Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court may dispose of a summarily mentioned application by directing the applicants to approach the trial court with corrected prayers.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Gulsher and 4 Others
State of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
