Bablu and 4 Others v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 33237 of 2023 Applicant :- Bablu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Pandey,Kamini Pandey (Dubey) Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 03.09.2022 as well as further proceedings of Complaint Case No. 0152 of 2017 (Smt. Sakina vs. Bablu and 4 Others) wherein summoned the applicant no. 1, Bablu under Sections 323, 354, 452, 504 IPC & Section 7/8 of Protection of Children from Sexual Offences Act, 2012 and summoned the applicant no. 2 to 5, under Sections 323, 504, 506 of IPC & Section 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station-Sadar Bazer, District-Mathura, pending in the court of Additional Session Judge/Additional Special Judge, POCSO Act.

¶3On the matter being taken up, learned counsel for the applicants have 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 bail application of the applicants expeditiously.

¶4Learned A.G.A. as well as counsel for the opposite party no. 2 have no objection in allowing the aforesaid prayer of the applicants.

¶5Accordingly the relief as sought by the applicants through this application is refused.

¶6Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

¶7For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

¶8With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 31.10.2023 Aditya High Court of Judicature at Allahabad