Chhotu and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37354 of 2023 Applicant :- Chhotu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned A.G.A. and perused the record.

¶2This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the cognizance order dated 16.8.2023 passed by Special Judge ( Exclusive Court), POCSO Act/Additional Session Judge Etah in Session Case No. 1126 of 2023, State Vs Satendra & others, arising out of case crime No. 198 of 2022, u/s 452, 323, 504, 506 I.P.C., P.S. Malawan, District Etah, pending in the court of Special Judge (Exclusive Court), POCSO Act/Addiitonal Session Judge Etah.

¶3Learned 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 application and states that the applicants are ready to surrender 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.

¶4Per contra, learned A.G.A. has submitted that he has no objection to the prayer made by learned counsel for applicants for not pressing the other prayers made in the application.

¶5In 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.

¶6With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of. Order Date :- 3.11.2023 R High Court of Judicature at Allahabad