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2025 DAILYLAW 86550 (ALL)

INDRAPAL v. STATE OF U.P. AND 3 OTHERS

NA528/32677/2025 · 2025-09-14

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32677 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Jitendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. (now under Section 528 BNSS) has been filed by the applicant for quashing the entire proceedings of S.S.T. No.44 of 2023 (State Vs. Indrapal and another) arising out of case crime No.64 of 2023, under Sections 363, 366, 376-D IPC and 3/4 of POCSO Act, police station Dhanari, District Sambhal as well as charge sheet No.89 of 2023, dated 27.4.2023 and cognizance order dated 6.7.2023 passed by Special Judge, POCSO Act/Additional Sessions Judge, District Sambhal situated at Chandausi. 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, it is provided that the applicant is permitted to move discharge application through counsel within four weeks' from today and in case any such application is filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge Indrapal Versus Counsel for Applicant(s) : Jitendra Singh Counsel for Opposite Party(s) : G.A., Rakesh Kumar Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) application within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions this application stands disposed of. September 15, 2025 RKM. NA528 No. 32677 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad