ALLAHABAD HIGH COURT
SMT. GUDDI AND 2 OTHERS – Appellant
Versus
State – Respondent
A482/13997/2022
Court No. - 49
Case :- APPLICATION U/S 482 No. - 13997 of 2022
Applicant :- Smt. Guddi And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rabindra Bahadur Singh
Counsel for Opposite Party :- G.A.
Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the petitioners/applicants and learned
counsel for the opposite parties as well as perused the record.
The present petition under Section 482 Cr.P.C has been filed by
the petitioners with the prayer to quash the Charge Sheet
No.313 of 2021 dated 12.08.2021 as well as Cognizance Order
dated 13.09.2021 in Session Trial No.1104 of 2021 (Case Crime
No.159 of 2021) under Sections 354(Ka), 323, 504, 506 I.P.C.
and 7/8 Protection of Children from Sexual Offence Act, Police
Station Jagdeeshpura, District Agra, pending before the
Additional District and Sessions Judge, Court No.27/Special
Judge [POCSO Act Exclusive Court, Agra (State Vs. Vivek
Nagar urf Gatuwa and others].
After arguing at some length, learned counsel for the
petitioners/ applicants submits that a liberty may be given to the
petitioners/ applicants to file bail application before the learned
trial court and the same may be decided in view of law laid by
Hon'ble Supreme Court in order dated 07.10.2021 passed in
Petition for Special Leave to Appeal (Cri) No.5191 of 2021
Satender Kumar Antil versus Central Bureau of Investigation
and another.
Learned A.G.A. has no objection to the prayer made by learned
counsel for the petitioners/ applicants.
As prayed by the learned counsel for the applicants/petitioners,
it is provided that in case, the petitioners move bail application
before the trial court within fifteen days' from today, the same
shall be decided within a period of ten days thereafter, in view
of law laid down in the case of Satender Kumar Antil versus
Central Bureau of Investigation and another (supra).
The petition is disposed of accordingly.
Order Date :- 6.6.2022
pks
Digitally signed by PAWAN KUMAR
SINGH
Date: 2022.06.07 10:09:20 IST
Reason:
Location: High Court of Judicature at
Allahabad
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