GEETA SHARMA AND ANOTHER v. State of U.P. AND ANOTHER
A482/29367/2024 · 2025-03-17
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89397 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:37985 Court No. - 74 Case :- APPLICATION U/S 482 No. - 29367 of 2024 Applicant :- Geeta Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Singh,Ram Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 26.02.2024 along with cognizance/summoning order dated 30.05.2024 passed in Session Case No.902 of 2024 (State vs. Ashu @ Sarvesh and Others) arising out of Case Crime No.638 of 2023, under sections 354, 504, 506 I.P.C. and section 67 of Information Technology Act and sections 11/12 of Protection of Children from Sexual Offences Act, 2012, P.S. Gola, District- Gorakhpur, pending in the court of learned Additional Session Judge/Special Judge (POCSO Act), Court No.1, Gorakhpur as well as to stay the entire 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 application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 482 Cr.P.C. 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 one month 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 one month from today, no coercive action shall be taken against the applicants herein.
Order Date :- 18.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad