Allahabad High Court
Akhileshwar Nath vs State Of U.P. & Anr. on 21 November, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 6742 of 2019 Applicant :- Akhileshwar Nath Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Bhanu Pratap Singh'Bisen',Arjun Singh Somvanshi,Prachand Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned summoning order dated 31.08.2019 passed by Additional Sessions Judge-I/Special Judge, POCSO Act, Shravasti in Special Trial No. 36 of 2018 arising out of Case Crime No. 198 of 2018, under Sections 354A, 354, 506, 509 I.P.C. & Section 7/8 POCSO Act, P.S. Sonwa, District Shravasti.
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 he may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that applicant is permitted to move his discharge applications through counsel within four weeks' from today and, in case, any such application is being filed, the same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.
Till the aforesaid period of four weeks' and during the pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.
In case of failure on the part of applicant in moving the discharge application within the aforesaid period, he will not be entitled to the benefit of this order.
With the above directions, this application is disposed of.
Order Date :- 21.11.2019 S. Shivhare