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Suraj Saroj vs State Of U.P. & Anr. on 26 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 6985 of 2019

Applicant :- Suraj Saroj

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

Counsel for Applicant :- Anil Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Vikas Kunvar Srivastav,J.

Heard learned counsel for applicant and learned A.G.A. for the State.

The present 482 SectionCr.P.C. application has been filed to quash the charge-sheet of Case Crime No. 560 of 2018, under Section 354 IPC and Section 7/8 POCSO Act, 2012, P.S. Lambhuwa, District Sultanpur as well as proceedings of the case.

Learned counsel for applicant after arguing for sometime submits that, the grievance of the applicant may be satisfied, if the Court below is directed to expeditiously dispose the application of the applicant.

Learned A.G.A. will also have no objection to the request made by learned counsel for the applicant.

Keeping in view the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided by both the courts below in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of 30 days from today or till surrender of applicants before the trial court, whichever is earlier, no coercive steps shall be taken against the applicants.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 26.9.2019

Gaurav/-

 

 

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