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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27884 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, Sri A.K.Shukla holding brief of Sri Rajeev Singh, learned counsel appearing for opposite party no. 2 and learned AGA for State. 2. Present application has been preferred with prayer to quash charge sheet dated 02.11.2022 submitted by the Investigating Officer and cognizance order dated 17.08.2023 in Case Crime no. 1154 of 2022 under sections 323, 504, 506, 354 IPC and 7, 8 of POCSO Act, PS- Highway, District Mathura as well as entire proceeding in Session Case no. 1262 of 2023 (State of U.P. vs. Pradeep). 3. At the very outset, learned counsel for the applicant raised his argument for seeking quashing of the entire proceedings arising out of Case Crime no. 1154 of 2022, on the basis of concurrent and parallel proceedings initiated at the behest of opposite party no. 2 who is represented through Sri A.K.Shukla holding brief of Sri Rajeev Singh, learned counsel appearing for opposite party no. 2 i.e. in shape of Complaint Case no. 17 of 2022 wherein applicant has been summoned after recording statements under sections 200 and 202 Cr.P.C. and the consideration has been drawn by learned concerned court for proceeding against the applicant by way of summoning the applicant wherein applicants appeared before learned court concerned and extended bail. 4. In the instant proceedings after taking cognizance of offence in the said case in Case Crime no. 1154 of 2022, applicant also appeared before Versus Counsel for Applicant(s) : Prasoon Kumar, Sarvjeet Kumar Counsel for Opposite Party(s) : G.A., Rajeev Singh Pradeep .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
learned court concerned and extended bail wherein the trial is under progress. 5. It is admitted on behalf of opposite party no. 2 that both the cases have been instituted against the applicant wherein he has been implicated for some set of allegations which culminated into charges as mentioned under the summoning order issued by learned concerned court at the time of summoning the applicant and the same charges have been levelled against the applicant at the time of cognizance in Case Crime no. 1154 of 2022 and the applicant may be proceeded only in pursuance to one proceeding. 6.
Sri A.K.Shukla holding brief of Sri Rajeev Singh, learned counsel appearing for opposite party no. 2 submitted that specific statement shall be recorded before learned court concerned in Complaint Case no. 17 of 2022, that State case is already pending against the applicant for similar set of charges and as such this complaint proceeding is unwarranted and as such applicant may be discharged in the Complaint Case no.17 of
2022. 7. At the behest of applicant, learned counsel assured that he will put his appearance in pursuance to non-bailable warrants issued against the applicant on dated 3.1.2024 and cooperate with learned trial court. 8. On the basis of the statements so recorded by learned counsel appearing on behalf of parties, applicant is hereby extended three weeks time to appear before learned court concerned in pursuance to NBW and till three weeks no coercive action shall be initiated against him. At the same time, proceedings in respect of Complaint Case no. 17 of 2022 shall be apprised by the opposite party no. 2 for submitting specific affidavit for discharging the applicant in pursuance to sections 354, 354D IPC and 7/8 of POCSO Act. 9. The instant application u/s 528 BNSS stands disposed of on the basis of the observations as made above. September 17, 2025 Shaswat NA528 No. 27884 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad