Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82805 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16286 of 2025 Applicant :- Suresh And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Janardan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties
2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 30.12.2023 against the applicant no. 1 under sections 323, 504, 506, 427, 354B IPC and Section 7/8 POCSO Act and so far as applicant no. 2 and 3 under sections 323, 504, 506, 427 IPC and also quash the NBW/82 Cr.P.C. dated 21.03.2025 issued against the applicants by the Special Court, POCSO Act, Kushinagar in Sessions Case No. 847 of 2024 (State vs. Suresh and others) which is arising out of case crime no. 338 of 2023 under sections 323, 504, 506, 427, 354-B IPC and section 7/8 of POCSO Act, Police Station Ramkkola, District Kushinagar 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, 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.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein. Order Date :- 16.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad