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2025 DAILYLAW 148294 (ALL)

SANDEEP PATEL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

A482/6301/2024 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6301 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.C has been filed for quashing the entire proceedings of Criminal Case No. 1209 of 2023 (State Vs. Vikram and others) in pursuance of charge sheet No. 343 A/22 (02) of 2022 dated 29.12.2022 arising out of Case Crime / First Information Report No. 223 of 2022, Under Section 147, 149, 363, 504, 506, 354Ka, 452 I.P.C. and Under Section 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station: Patti, District: Pratapgarh pending before the court of Learned Additional Session Judge/Special Judge POSSO Act, Pratapgarh as well as summoning order dated 19.07.2023 passed by Learned Additional Session Judge/Special Judge POCSO Act, Pratapgarh (Contained as Annexure No. 1 and 2) so far as it relates to the applicant/petitioner, in the interest of justice. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 4. On the other hand, learned AGA has submitted that prima facie, the Versus Counsel for Applicant(s) : Suresh Kumar Pandey, Ashok Kumar Maurya, Priyanshi Maurya, Rekha Singh Counsel for Opposite Party(s) : G.A. Sandeep Patel .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 5. At this stage, learned counsel for the applicant has confined his prayer to the effect that interest of justice would be sub-served, if the applicant is given liberty to move bail application before the trial court and the same is directed to be decided within stipulated period of time as may be fixed by this Court. 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 7. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously. 8. The application is disposed off accordingly. September 26 , 2025 Anuj Singh A482 No. 6301 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench