KOLAI @ VIJAY KAMAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/3788/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137858 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26703 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3788 of 2025 Applicant :- Kolai @ Vijay Kamal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the summoning/cognizance order 21.02.2025 and Charge Sheet No. 227/2024, dated 25.05.2024, arising out of the Case Crime No.0164/2024, under section 323, 325, 506, 354(kha) IPC and section 7/8 POCSO Act, Police Station-Mahrajganj, District- Raibareli, in Session Case No.285/2025 (State Vs. Kolai @ Vijay Kamal and others), pending in the Special Judge, POCSO Act, Raibareli, against the Petitioner (so far as it relates to the petitioner), as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Session Case No.285/2025 (State Vs. Kolai @ Vijay Kamal and others) arising out of the Case Crime No.0164/2024, under section 323, 325, 506, 354(kha) IPC and section 7/8 POCSO Act, Police Station-Mahrajganj, District-Raibareli, pending in the Special Judge, POCSO Act, Raibareli, during pendency of the aforesaid petition, in the interest of justice."
3. After arguing at some length, learned counsel for the applicant has confined his prayer to the extent that liberty may be given to the applicant to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. In view of above, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no other legal impediment. Order Date :- 7.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench