Gaurava Mishra v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38805 of 2023 Applicant :- Gaurava Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanhaiya Lal Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2The present application under Section 482 Cr.P.C. has been filed with the prayer to quash quash the entire criminal proceeding of Charge Sheet dated 13.06.2023 as well as Summoning Order dated

14.06.2023 as well as entire criminal proceeding of Sessions Case No.474 of 2023 (State Vs. Gaurav Mishra) arising out of Case Crime No.110 of 2023 under Section 363, 366, 376(3) I.P.C. and Section 3/4 of POCSO Act, Police Station-Haraiya, District-Basti pending in the Court of Special Judge, Exclusive Court, Basti.

¶3On 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 application for discharge of the applicant expeditiously.

¶4Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant.

¶5Heard learned counsel for the parties present and perused the record.

¶6Considering the facts and circumstances of the case, the applicant is permitted to appear before the concerned court within three weeks from today and move an application as per provisions contained under the Cr.P.C. claiming discharge. The concerned court shall after hearing the counsel decide the application on merits, in accordance with law, within a period which shall not exceed a period of two months from today.

¶7Till 30 December, 2023 or till the disposal of the aforesaid application, whichever is earlier, no coercive action will be taken against the applicant.

¶8If the concerned court after hearing the counsel for the accused feels persuaded to have the view that the accused ought not to have been summoned and the charge is groundless it shall not abstain from discharging the accused only on the ground that the material available at the time of summoning was the same which is available on record at the time of hearing the discharge application. On the other hand, if the lower court even after hearing the counsel for accused holds the view that the accused has been rightly summoned and the material brought on record does not indicate the charges to be groundless it shall make an order to that effect and proceed further in the matter, in accordance with law and shall also be free to adopt such measures to procure the attendance of the accused as the law permits.

¶9With the above observations, this application stands disposed of. Order Date :- 18.10.2023 Pramod Tripathi High Court of Judicature at Allahabad