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Neutral Citation No. - 2025:AHC:23979 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3946 of 2025 Applicant :- Deenanath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Vijay Prakash Chaturvedi, learned counsel for the applicant and Sri Ashok Kumar Kushwaha, learned AGA for the State-respondent.
2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No.2573 of 2010 (State Vs. Rajesh @ Kallu and others), arising out of case crime no. 120 of 2007, under Sections 363, 366 IPC Police Station- Trilokpur, District Siddharth Nagar, pending before the court of learned Chief Judicial Magistrate, Siddharth Nagar.
3. Learned counsel for the applicant submits that pursuant to the lodging of the first information report on 06.06.2007, under Sections 363 and 366 IPC against the applicant, the proceedings stood triggered, however, the applicant preferred an application for declaring him juvenile which according to the applicant came to be allowed on 15.12.2008 and the case was separated from the main case, a copy whereof is annexed as annexure 2, at page 24/25 of the paper-book. While inviting attention towards para-28 submits that non-bailable warrants has been issued on 06.10.2021 in the criminal proceedings No. 2573 of 2010. According to the learned cousnel for the applicant once the case stands separated then in the circumstances and he has been declared juvenile then in the circumstances, the applicant claims to have submitted annexure-6 at page 57 of the paper book on 11.08.2023 before the court of
Chief Judicial Magistrate, Siddharth Nagar in which, report ought to have been considered while dropping the said proceedings as he has been declared juvenile. Learned counsel for the applicant in this regard seeks to invite attention towards para no. 18 of the application. Learned counsel for the applicant submits that till the
order dated 06.10.2021 is recalled or application stood preferred by him as per the law is decided, interim protection be accorded.
4. Learned AGA on the other hand submits that the order declaring the applicant to juvenile is of the year 2008 and according to him, he is not in a position to state as to whether the order has been subject matter of challenge or not, according to him, in case the appicant preferred an appropriate proceedings/ application by him for dropping the said proceedings till the same is decided, interim protection be accorded.
5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of requiring the applicant to submit a self attested copy of the application along with certified copy of the order before the court below by 06.03.2025 and on the receipt of the same, the court below shall undertake the process for deciding the same and thereafter endeavour to decide the said application by 11.04.2025
6. Till 25.04.2025, the interim protection shall remain operative.
7. The interim protection so accorded today shall be only applicable to the applicant, in case, he sticks to the time-line and does not violate any of the conditions mentioned hereinabove.
8. Post outcome of the said order passed, subsequently, the applicant is free to take necessary steps in accordance with law.
Order Date :- 18.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad