Court No. - 49
Case :- APPLICATION U/S 482 No. - 42569 of 2018 Applicant :- Bad Shah Khan (Minor) And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.P. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
This petition is filed by the petitioners for quashing the entire proceedings of Case No. 70 of 2018(State Vs. Aman & Others) under sections 354(A), 323,504 I.P.C., Section 7/8 of POCSO Act and Section 3(2)(va) of SC/ST Act, pending in the court of Kishore Nyayalay, Aligarh as well as the chargesheet dated 01-04-2018 filed in abovednoted case.
After arguing at some length, learned counsel for petitioners submits that grievance of petitioners would be sufficiently met in case bail application of petitioners is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioners surrender before the Court below within three weeks from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioners.
With the aforesaid, the petition is disposed of.
Order Date :- 19.12.2018 AKS (Vivek Chaudhary,J.)