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Chhote Pandit @ Kripa Shankar vs State Of U.P. & Anr. on 22 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 12

Case :- U/S 482/378/407 No. – 7485 of 2019

Applicant :- Chhote Pandit @ Kripa Shankar

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Lalji Prasad Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Rajesh Singh Chauhan,J.

Heard learned counsel for the petitioner and learned AGA for opposite party no.1.

In view of the proposed order, notice to opposite party no.2 is dispensed with.

By means of this petition, the petitioner has prayed for quashing the summoning order dated 12.2.2019 and to stay the proceedings in complaint case No.58/2017, under Section 354 IPC and Sections 7/8 POCSO Act, Police Station – Maholi, District – Sitapur pending before the learned Addl. Sessions Judge-VIII/ Special Judge, POCSO Act, Sitapur.

Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the aforesaid case as he has not committed the offence as alleged.

Be that as it may, since the petitioner can prefer a discharge application before the learned court below taking all pleas and grounds, which are available to him, therefore, he should approach the learned court below by filing the discharge application.

Learned AGA has submitted that this petition under Section 482 Cr.P.C. is not maintainable as the petitioner has got efficacious remedy by filing discharge application.

Accordingly, the present petition is disposed of at the admission stage and without entering into the merits of the issue, the petitioner is permitted to file a discharge application before the learned court below through counsel taking all pleas and grounds, which are available to him, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application, within a period of three weeks from today and if such application is filed by the petitioner before the learned court below within the aforesaid stipulated time, the court concerned shall consider and decide the said application strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing to the concerning parties and pass appropriate orders, with expedition, preferably within a period of one month thereafter.

Till the disposal of such discharge application, no coercive action shall be taken against the petitioner, but it is made clear that if the present petitioner does not file any discharge application within the aforesaid stipulated time, i.e. within a period of three weeks from today, the benefit of this order shall not be extended to the petitioner.

Order Date :- 22.10.2019

RBS/-

[Rajesh Singh Chauhan,J.]

 

 

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