Disposed

Vinod @ Vivek v. State of U.P. and 3 Others

Allahabad HC23 Feb 2023A482/4575/2023

Case brief

AI extract

What is this about?

A Section 482 CrPC application to quash proceedings was dismissed as not pressed. The court directed that if the applicant surrendered and applied for bail within two weeks, the matter would be considered expeditiously, and no coercive action would be taken until then.

What did the court decide?

Expedited consideration of bail application directed upon surrender within two weeks; no coercive action pending.

Vinod @ Vivek Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 4575 of 2023

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Applicant :- Vinod @ Vivek Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Akhilesh, learned counsel for the applicant, Sri S.B. Maurya, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant- Vinod @ Vivek with the prayer to allow this application and quash the summoning order dated 05.11.2022 in Complaint Case No. 35 of 2022 (Victim Vs. Vinod @ Vivek & others), under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act Police Station Kakod, District Bulandshahr pending in the Court of Additional Sessions Judge / Special Judge (POCSO Act), District Bulandshahr with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders before the trial court and apply for bail within two weeks from

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today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicant.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of. Order Date :- 23.2.2023 AS Rathore

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(Samit Gopal,J.)

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

Vinod @ Vivek v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vinod @ Vivek v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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