Raja Hussain v. State of U.P. and 3 Others

Court No. - 93 Case :- APPLICATION U/S 482 No. - 38043 of 2023 Applicant :- Raja Hussain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A.,Kuldeep Singh Chahar Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri R.S. Dubey, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 05.08.2023 as well as N.B.W order passed by Additional District and Sessions/ Special Judge, POCSO Act, Court No.1, Deoria in Session Trial No. 143 of 2022 arising out of Case crime No.030 of 2022, under Section 363, 376 IPC and 3/4 Protection of Children From Sexual Offence (POCSO) Act, Police Station Khampar, District Deoria.

¶3At the very outset, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of the impugned order. He wants to surrender before the court below and applies for bail. He further submits that this Court may be pleased to direct the court concerned to consider the bail application of the applicant expeditiously within stipulated period of time as may be fixed by this Court.

¶4In view of the aforesaid submissions, the present application is disposed of with the direction that in case, the applicant surrenders before the Court concerned and applies for bail within 15 days from today, his bail application shall be considered and decided expeditiously by the court below, in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

¶5For a period of three weeks from today or till disposal of bail application of applicant, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 12.10.2023 A.Kr. High Court of Judicature at Allahabad