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2025 DAILYLAW 27282 (ALL)

AKASH GUPTA v. STATE OF U.P. AND ANOTHER

A482/17366/2023 · 2025-01-09

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5167 Court No. - 74 Case :- APPLICATION U/S 482 No. - 17366 of 2023 Applicant :- Akash Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the records. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 13.03.2023 as well as Sessions Case No.217 of 2023 (State v. Akash Gupta), arising out of Case Crime No.727 of 2022, under Sections 354, 506 of IPC and Sections 7/8 of POCSO Act, Police Station- Kotwali, District- Farrukhabad, pending in the court of learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Farrukhabad. 3. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and moves bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of the Hon'ble Supreme Court strictly in accordance with law, expeditiously, preferably within a period of three weeks, thereafter. 6. 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 applicant in the aforesaid case. Order Date :- 9.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad