Allahabad High Court
Rajendra And Another vs State Of U.P. And Another on 22 April, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:70283 Court No. - 87 Case :- APPLICATION U/S 482 No. - 5925 of 2024 Applicant :- Rajendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Ganesh Prasad, learned counsel for the applicants, Sri Anurag Pandey, learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicants Rajendra Kumar, Bhola alias Babloo with the prayer to quash the entire criminal proceedings of Sessions Trial No. 2696 of 2021 (State vs. Rajendra and others), in pursuance of Case Crime No. 161 of 2021, under Sections 363, 366, 376, 511 I.P.C. read with Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Chandaus, District Aligarh, arising out of non bailable warrant +82+83 Cr.P.C. dated 28.01.2024 passed by Additional District and Sessions Judge (POCSO Act-IInd), Aligarh with the further prayer to stay the further proceedings of Sessions Trial No. 2696 of 2021 (State vs. Rajendra and others), in pursuance of Case Crime No. 161 of 2021, under Sections 363, 366, 376, 511 I.P.C. read with Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Chandaus, District Aligarh, arising out of non bailable warrant +82+83 Cr.P.C. dated 28.01.2024 passed by Additional District and Sessions Judge (POCSO Act-IInd), Aligarh.
4. After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayer for quashing of the entire proceedings, the impugned non bailable warrants and process issued under Section 82 Cr.P.C. and 83 Cr.P.C. against the applicants. He submits that vide order dated 28.01.2024 non bailable warrants and the process under Sections 82 and 83 Cr.P.C. have been issued against them. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file regular bail applications/ applications for recall of non-bailable warrants and process under Sections 82 and 83 Cr.P.C.
5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
6. In view of the above, the prayer for quashing of the said impugned orders and the proceedings is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail and file an application for recall of non-bailable warrants and process under Sections 82 and 83 Cr.P.C. before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.
8. For a period of two weeks from today, non-bailable warrants and process under Sections 82 and 83 Cr.P.C. be kept in abeyance.
9. The present application is disposed of.
(Samit Gopal,J.) Order Date :- 22.4.2024 Naresh