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2025 DAILYLAW 30722 (ALL)

LATOORI v. STATE OF U.P. AND 4 OTHERS

NA528/8925/2025 · 2025-03-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41188 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8925 of 2025 Applicant :- Latoori Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhay Singh,Nishant Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Abhay Singh, learned counsel for the applicant and learned AGA for the State. 2. The instant application has been preferred for challenging order dated 12.08.2024 passed by respondent no. 3 (Child Welfare Service Committee, Bareilly) in pursuance to Case Crime no. 191 of 2024 in pursuance to sections 87, 64(1), 137(2), 64(2)(m) of BNS along with Section 3, 4, 5L, 6 of POCSO Act, PS- Fatehganj East, District Bareilly. Further prayer has been made to direct learned court of Additional District and Session Judge/Special Judge, POCSO Act, Bareilly to release the wife of the applicant namely Kiran from the custody of Rajkiya Mahila Sharnalay, Bareilly who has been under custody in pursuance to Case Crime no. 191 of 2024. 3. As per the factual narration available in the application, it is apparent that in pursuance to Case Crime no. 191 of 2024 charge sheet has already been preferred by concerned Investigating Officer after conduction of the thorough investigation but the same has not been challenged through the instant application whereas the discharge application has already been preferred at the behest of the applicant which is still pending to be adjudicated by the learned court concerned. 4. In view of the facts mentioned above, there is hardly any occasion arises in favour of the applicant to challenge the order dated 12.08.2024 passed by Child Welfare Committee, Bareilly and so far as prayer for seeking custody of alleged wife of applicant is concerned the same shall be dependent upon the discharge application preferred at the behest of the applicant. 5. The instant application stands dismissed accordingly. Order Date :- 20.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad