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2025 DAILYLAW 87086 (ALL)

ANKIT SHARMA v. STATE OF U.P. AND 3 OTHERS

NA528/30477/2025 · 2025-08-19

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:145235 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30477 of 2025 Applicant :- Ankit Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arman Shrivastava,Satendra Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the non- bailable warrant order dated 16.07.2025 passed by learned court of Special Judge, POCSO Act, Pilibhit in Special Session Trial No.1286 of 2024 (State vs. Ankit Sharma) under sections 333, 78, 352, 351(2) BNS and sections 11/12 of POCSO Act, arising out of Case Crime No.368 of 2024, P.S. Bisalpur, District- Pilibhit. 3. At the very outset, learned A.G.A. raised a preliminary objection by way of submitting that same prayer has already been made at the behest of applicant before co-ordinate Bench of this Court in Application u/s 528 BNSS No.22351 of 2025, wherein on 26.06.2025, following order has been passed :- "1. Heard Sri Arman Srivastava, Advocate holding brief of Sri Satendra Kumar Sharma, learned counsel for the applicant and learned AGA for the State. 2. The present application has been filed by applicant for quashing the entire criminal proceeding and impugned summoning order dated 10.12.2024 and charge-sheet no. 329/2024 dated 08.08.2024, under Sections 333, 78, 352, 351(2) B.N.S. and Section 11/12 of POCSO Act in F.I.R. dated 30.07.2024, Case Crime No. 368 of 2024, Police Station- Bisalpur, District- Pilibhit currently pending as Special Session Trial No. 1286 of 2024 (State of U.P. vs. Ankit Sharma), pending before the Court of learned Special Judge, POCSO, Pilibhit. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction." 4. Learned A.G.A. further submitted that applicant has not complied with the earlier order dated 26.06.2025 and he is making same prayer before this Court and as such the instant application is liable to be dismissed. 5. When confronted with above, learned counsel for applicant could not overcome the same. 6. The instant application stands dismissed and applicant is hereby directed to comply with the order dated 26.06.2025 passed by co- ordinate Bench of this Court. Order Date :- 20.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad