Shivam v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34844 of 2023 Applicant :- Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicant and learned

Additional

Government

Advocate representing the State and perused the materials available on record.

¶2By means of this application under sections 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the charge sheet dated 30.04.2023, cognizance order dated 05.05.2023 and proceedings of Session Case No. 686 of 2023 (State of U.P. Vs. Shivam and others) arising out of Case Crime No. 56 of 2023, under Sections 363, 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Mudha Pandey, District-Moradabad, pending in the court of learned Special Judge POCSO Court No.1 Moradabad.

¶3After advancing some argument at length, learned counsel for the applicant submitted that since the applicant is already on bail in this case, therefore, he may be permitted to move a discharge application before the court concerned raising his objection. Learned counsel for the applicant also submitted that he is not pressing any further relief as claimed by applicant by means of this application.

¶4Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to move discharge application, he has no objection.

¶5Accordingly the relief as sought by the applicant in the instant application is refused.

¶6In view of the above, considering the request of the applicant, it is directed that in case the discharge application is moved by the applicant before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law.

¶7With the aforesaid observation, the application is disposed of. Order Date :- 9.11.2023 Kashifa High Court of Judicature at Allahabad