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2025 DAILYLAW 10008 (ALL)

SAURABH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

A482/2819/2025 · 2025-09-08

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 2819 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. As per the office report dated 2.9.2025, notice is personally served upon the respondent No.2, however, despite service of notice, no one has put in appearance on her behalf. 2. Heard Sri Girraj Singh, learned counsel for the applicants, learned AGA and perused the record. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including charge sheet dated 28.08.2024 and summoning order dated 10.10.2024 in Special Sessions Trial No. 1385 of 2024 (State vs. Saurabh & others), arising out of Case Crime No.0132 of 2024, under Sections 504,506 354-Ka I.P.C., 7/8 POCSO Act, 67 I.T.Act & 3(1) Da, 3(1)(Dha), 3(2)(va) S.C/ S.T Act, Police Station- Sahpau, District- Hathras, pending in the Court of Special Judge POCSO Act, Hathras. 4. Having been aggrieved with the bad demeanor of the named accused (applicant herein), who were throughout harassing the minor daughter of the first informant, she has lodged an FIR, being Case Crime No. 0132 of 2024 dated 05.08.2024. In her statement under section 161 BNSS, the prosecutrix has levelled allegations against the present applicants, stating that they have threatened her on telephone to commit forceful sexual assault. She has also stated that they have made a video of the prosecutrix while she was bathing. 5. After due deliberation at length, learned counsel for the applicants have chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that they may appear Versus Counsel for Applicant(s) : Girraj Singh Counsel for Opposite Party(s) : G.A. Saurabh And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) before the court below and participate in the court proceedings. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. 6. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 7. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose off the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicants appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter. 8. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants in aforesaid criminal case. 9. As per observation made above, instant application is disposed off. September 9, 2025 vkg A482 No. 2819 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad