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2025 DAILYLAW 37117 (ALL)

ANAND CHAUHAN v. STATE OF U.P. AND 3 OTHERS

NA528/11227/2025 · 2025-04-07

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50729 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11227 of 2025 Applicant :- Anand Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 22.10.2024 along with cognizance order dated 06.02.2025 passed by learned Special Judge (POCSO Act), Chandauli in Session Case No.114 of 2025 (State Vs. Anand Chauhan), arising out of Case Crime No.107 of 2024, under Sections 76, 115(2), 131, 351(2) BNS and Section 7/8 POCSO Act, P.S. Baburi, District Chandauli. 3. On perusal of the narration of FIR as well as impugned order, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of 30 days from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till 30 days from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. Order Date :- 8.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad