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2025 DAILYLAW 73726 (ALL)

HARDEV @ CHHOTU v. STATE OF U.P. AND 3 OTHERS

NA528/24424/2025 · 2025-08-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142867 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24424 of 2025 Applicant :- Hardev @ Chhotu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vishvendra Singh Counsel for Opposite Party :- Dharmendra Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and Sri Ankit Singh, Advocate holding brief of Sri Dharmendra Singh, learned counsel for opposite party no.2 as well as learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 01.10.2024 along with cognizance order dated 27.03.2025 and entire proceeding of Sessions Case No.688 of 2025 (State Vs. Hardev @ Chhotu), arising out of Case Crime No.183 of 2024, under Sections 74, 75, 333, 351(2) BNS and Section7/8 POCSO Act, P.S. Shamshabad, District Agra, pending in the court of learned Additional Sessions Judge/Special Judge (POCSO Act), Court No.7, Agra. 3. On perusal of the narration of FIR as well as impugned order and chargesheet along with statement recorded under Section 180 and 183 BNSS, 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 three weeks 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 three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. Order Date :- 20.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad