Rajdeep and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10177 of 2023 Applicant :- Rajdeep And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Arjun Singh Kalhans Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Brijesh Singh'Vishen' Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard Sri Arjun Singh Kalhans, learned counsel for the applicants, Sri Brijesh Singh 'Vishen' learned counsel for the opposite party no. 2, Sri Sushil Kumar Pandey, learned A.G.A for the State and perused the record. The instant application has been filed for quashing of the entire criminal proceedings pending before the learned Special Judge, POCSO Main, Lucknow in

Case

No.

2944

of

2023,

U/s 328,376,504,506,452,323,354 of I.P.C. and Section 3/4 of the POCSO Act, including the impugned summoning order dated 18-09-2023, passed by the Special Judge, POCSO Main, Lucknow and the impugned chargesheet no. 02 of 2021, dated 13-12-2022, filed in Case Crime No. 0442 of 20921, Police Station-Mandiyaon, District-Lucknow. After arguing at length, learned counsel appearing for the applicants submits that the interest of justice would be sub-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 applicant 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 apply for bail, his bail application shall be considered and decided in accordance with law propounded by the Apex Court, expeditiously as possible. Order Date :- 17.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench