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2025 DAILYLAW 128508 (ALL)

CHHOTU v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS

A482/2388/2025 · 2025-03-12

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15235 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2388 of 2025 Applicant :- Chhotu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others Counsel for Applicant :- Onkar Nath Nishad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. The present application has been filed to quash the impugned proceedings of complaint case No.122 of 2023 Ramtej versus Jagdish and others under sections 354, 504, 506 I.P.C., 7/8 POCSO Act, P.S. Kaisarganj, district Bahraich pending in the court of Addl. Sessions Judge/Special Judge, POCSO Act, Bahraich. Learned counsel for applicant, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within three weeks from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). The petition is disposed of accordingly. Order Date :- 12.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench