Harisaran and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38175 of 2023 Applicant :- Harisaran And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.,Anuj Bajpai Hon'ble Rajiv Gupta,J.

1.Heard learned counsel for the applicants, Sri Prashant Shukla holding behalf of Sri Anuj Bajpai, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record.

2.This application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order 3.12.2022 as well as entire proceedings of Complaint Case No. 102 of 2022 (Sukhdevi Vs. Harisaran and others), under Sections 323, 354, 506 IPC, Section 7/8 of POCSO Act and Section 3(2)Va of SC/ST Act, Police Station-Madanapur, District-Shahjahanpur, pending in the court of Special Judge (POCSO)/ Addl. Sessions Judge, Court No. 8, Shahjahanpur.

3.After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

4.Per contra, learned AGA as well as learned counsel for the opposite party No. 2 states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application.

5.In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

6.With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 26.10.2023 KU High Court of Judicature at Allahabad