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2025 DAILYLAW 45145 (ALL)

PRADEEP AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13522/2025 · 2025-05-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87296 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13522 of 2025 Applicant :- Pradeep And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeet Bahadur Singh Counsel for Opposite Party :- G.A.,Upendra Kumar Pushkar Hon'ble Saurabh Srivastava,J. Heard learned counsel for the parties 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 500 of 2024 dated 12.11.2024, summoning/cognizance order dated 07.12.2024 and bailable warrant dated 08.01.2025 passed by Special Judge (POCSO Act), Additional District and Sessions Judge, Aligarh including the entire proceedings of Sessions Case No. 4162 of 2024 (State vs. Pradeep and others) arising out of Case Crime No. 442 of 2024, under sections 333, 115(2), 352, 351(2), 74 BNS and Section 7/8 POCSO Act, Police Station-Harduaganj, District- Aligarh pending in the aforesaid Court as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, if possible on same day, to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law, if possible on same day. 5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein. Order Date :- 22.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad