Neutral Citation No. - 2024:AHC-LKO:52129
Court No. - 13
Case :- APPLICATION U/S 482 No. - 6732 of 2024
Applicant :- Sulfan
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
And 3 Others
Counsel for Applicant :- Upendra Kumar Singh,Umesh
Chaturvedi
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant and learned AGA for
the State as well as perused the record.
The present application under Section 482 Cr.P.C. read with
Section 528 Bharatiya Nagrik Suraksha Sanhita (in short
"BNSS") has been filed by the applicant for the following main
relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may
graciously be pleased to quash the summoning order dated 07.11.2023
passed by the Additional Session Judge/Special Judge POCSO Act,
Shrawasti by means of which he has taken cognizance and summons to the
petitioner upon Charge Sheet No.A-195/2023 dated 13.10.2023 arising
out from the Case FIR/Case Crime No.205/2023, Under section 452,354,
I.P.C. & section 7/8 POCSO Act, Police Station Hardattnagar Girant,
District Shrawasti in Special S.T. No. 424/2023, "State versus Sulfan" in
the interest of justice."
After arguing, at some length, learned counsel for the applicant
has submitted that liberty may be given to the applicant to file
bail application before the trial court which may be decided in
view of law laid down by Hon'ble Supreme Court in the case of
Satender Kumar Antil vs. Central Bureau of Investigation
and another, Special Leave to Appeal (Cri) No. 5191 of 2021
as also to prefer a discharge application before the court below
and the same may be decided expeditiously.
Learned AGA has no objection to the prayer made by learned
counsel for the applicant.
Keeping in view the aforesaid, the present application U/s 482
Cr.P.C. is disposed of with liberty as prayed for and with a
direction to the court below that if the applicant apply for bail
before the Court concerned, his prayer for bail shall be
considered and decided expeditiously in accordance with law.
Liberty is also granted to the applicant to move discharge
application before the court below and the same shall be
decided expeditiously in accordance with law.
Taking note of the facts of the case and also the observation
made in the case of Satendra Kumar Antil (Supra), this Court
is of the view that it would be appropriate to observe that it is
expected from the Police Officer concerned that for a period of
30 days from today or till the applicant apply for bail,
whichever is earlier, he would not take any coercive action
against the applicant in the aforesaid case.
With the aforesaid observations, the present application is
disposed of.
Order Date :- 31.7.2024
Vinay/-
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench