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2025 DAILYLAW 93196 (ALL)

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

NA528/35077/2025 · 2025-09-18

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35077 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and Sri Vinod Singh, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA. 2. The present application has been preferred for seeking quashing of order dated 11.07.2025 passed by learned Additional District and Sessions Judge (POCSO Act), Room No.1, Bulandshahar in Special Session Case No.3121 of 2018 (State Vs. Harit and another), arising out of Case Crime No.137 of 2018, under Section 147, 148, 149, 364, 307, 511, 452, 323, 352 IPC and Section 7 of CLA Act and Section 5/6 of POCSO Act, P.S. Aurangabad, District Bulandshahar through which application preferred at the behest of applicant under Section 94 of BNSS, was rejected. 3. At the very outset, Sri Vinod Singh, learned counsel appearing on behalf of opposite party no.2 has accepted all the grounds whatsoever have been taken up by learned counsel for applicant through the instant application for challenging the order impugned and submitted that he has no objection if the order impugned is quashed and matter is remitted back to learned court concerned for deciding the said application afresh. 4. Considering the acceptance of submissions of learned counsel for applicant at the behest of opposite party no.2, order dated 11.07.2025 is hereby quashed. Matter is remitted back to learned court concerned for deciding the application preferred at the behest of applicant under Section 94 of BNSS afresh, after providing due opportunity of hearing to all concerned parties. Versus Counsel for Applicant(s) : Manju Yadav, Preete Chaudhary Counsel for Opposite Party(s) : Vinod Singh, G.A. Harit .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. It is much hopeful that when both the parties are agreeable over the issue that application preferred at the behest of applicant be decided afresh, the same may be expedited within a shortest period of time. 6. The instant application is allowed, accordingly. September 19, 2025 Vivek Kr. NA528 No. 35077 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad