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2022 DAILYLAW 2183 (ALL)

CHAND v. STATE OF U. P.THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P.

A482/3053/2022 · 2026-05-11

Samit Gopal

body2022

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3053 of 2022 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Abhishek, learned counsel for the applicants and Sri Ajay Singh, learned AGA-I for the State and perused the record. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Chand, Mausin, Rashid and Mohd. Nazim, with the prayers to quash the impugned order dated 31.08.2021 passed by Addl. District and Session Judge/Special Court, POCSO Act, Court No.1, Meerut in Final Report No. 1041 of 2019 arising out of case crime No. 148 of 2018, under Section 354B, 506 IPC and Section 7/8 POCSO Act, P.S. Bhrampuri, District Meerut as well as entire proceeding and with a further prayer to stay the further proceeding of the aforesaid case, during the pendency of the present application. 4. The present petition was initially filed for the accused Chand but subsquently an application for impleadment dated 01.05.2024 was filed with the prayer to implead three other persons as applicants and two respondents which was allowed vide order dated 13.11.2025 in compliance of which accused Mousin as the applicant no.2, Rashid as the applicant no.3 and Mohd. Nazim as the applicant no.4 were impleaded and Asmin as the opposite party no.3 and Smt. Nazreen as the opposite party no.4 were impleaded. 5. During arguments this Court noticed that the applicant no.2/Mausin and applicant no.3/Rashid are not accused in the matter and they have not been summoned vide order dated 31.08.2021. On countering learned counsel for the applicants about the said fact he submits that they have been wrongly arrayed as applicants on the basis of an impleadment application. He submits that the present application under Section 482 Cr.P.C. be dismissed as not pressed as he intends to file a better petition. Versus Counsel for Applicant(s) : Abhishek Counsel for Opposite Party(s) : G.A. Chand .....Applicant(s) State Of U. P.Through Principal Secretary Home Gov. Of U.P. .....Opposite Party(s) 6. Prayer is allowed. 7. The application is dismissed as not pressed. 8. Pending application(s), if any, stand disposed of. 9. It is provided that prior notice of the better petition if filed shall be served on learned counsel for the opposite party no.2 by learned counsel for the applicants. May 12, 2026 M. ARIF/e-file A482 No. 3053 of 2022 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad