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2025 DAILYLAW 45637 (ALL)

VIRENDRA v. STATE OF U.P. AND ANOTHER

A482/25531/2021 · 2025-07-06

Dinesh Pathak

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:106926 Court No. - 73 Case :- APPLICATION U/S 482 No. - 25531 of 2021 Applicant :- Virendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gajendra Pratap Singh,Prashant Ojha,Vikram Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Sri Rahul Saxena, learned Advocate holding brief of Sri Gajendra Pratap Singh, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the impugned order dated 23.03.2021 as well as entire proceedings of Criminal Case No.16 of 2019 (Km. Pooja Vs. Virendra), arising out of Case Crime No.427 of 2018, under Sections 452, 354(Ka)(1)(i), 504, 506 IPC and Section 7/8 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Neuria, District Pilibhit, pending in the court of learned Special Judge (POCSO Act)/Additional Sessions Judge, Pilibhit. 3. After due deliberations at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. 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 them. 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 them to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move 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 Hon'ble Supreme Court in accordance with law, expeditious, 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. 7. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 7.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad