Abhishek Pratap Alias Abhishek and Another v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9851 of 2023 Applicant :- Abhishek Pratap Alias Abhishek And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Applicant :- Nand Kishore Patel,Amar Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned A.G.A for the State and perused the record. The instant application has been filed for quashing of the entire criminal proceeding of Complaint Case No. 151/2022, under Sections-363/34, 366/34, 504/34, 506/34, 376D I.P.C. and Section-5 (st)/6 POCSO Act, Police Station-Jethwara District-Pratapgarh, State of U.P. Versus Vivek and others as well as impugned summoning order dated 4.7.2023 passed by learned Additional District Judge/Special Judge, POCSO Act, Pratapgarh so far relates to the petitioners and further it may be pleased to stay the entire criminal proceeding of Complaint Case No. 151/2022, under Sections-363/34, 366/34, 504/34, 506/34, 376D I.P.C. and Section-5 (oft/6 POCSO Act, Police Station-Jethwara District-Pratapgarh, as well as the impugned summoning order dated 04.07.2023 passed by learned Additional District Judge/Special Judge, POCSO Act, Pratapgarh so far as it relates to the petitioners. After argument at length, learned counsel appearing for the applicants submits that the interest of justice would be served, if the bail application of the applicants is directed to be considered by the Court concerned. He further submits that the applicants shall surrender before the Court concerned and will file the bail application. He further added that this Court may be pleased to direct the Court concerned to decide the bail application of the applicants within stipulated period of time, as fixed by this Court. In view of the aforesaid submissions, present application is disposed of with a direction that in case, the applicants surrender before the Court concerned and applies for bail, their bail application may be considered and decided in accordance with law propounded by the Apex Court, expeditiously as possible. Order Date :- 10.10.2023/Anurag High Court of Judicature at Allahabad, Lucknow Bench