Disposed

Raj Sharma @ Rajendra Sharma v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/5159/2023

Case brief

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What is this about?

The High Court disposed of a Section 482 Cr.P.C. application by refusing to quash proceedings. Instead, upon the applicant withdrawing the quashing plea, the court granted protection against arrest for six weeks and directed the trial court to decide the pending bail application expeditiously.

What did the court decide?

Applicant granted protection against arrest for six weeks; directed to surrender; bail application to be disposed of expeditiously by trial court.

Raj Sharma @ Rajendra Sharma Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 5159 of 2023

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Applicant :- Raj Sharma @ Rajendra Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pulak Ganguly,Ravi Bhushan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,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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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 5.11.2022 as well as entire proceedings of Special Sessions Trial No. 39 of 2023, arising out of Case Crime No. 164 of 2022, under Sections 354, 506 I.P.C. and Section 7/8 POCSO Act, Police Station Khanpur, District Ghazipur, pending in the court of Special Judge POCSO Act, Ghazipur.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant, expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and Another, reported in (2021) 10 SCC 773 .

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 17.2.2023 Abhishek Singh

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

Raj Sharma @ Rajendra Sharma v. State of U.P. and Another

Case brief

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Raj Sharma @ Rajendra Sharma v. State of U.P. and Another

Case brief

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