Court No. - 80
Case :- APPLICATION U/S 482 No. - 9027 of 2021 Applicant :- Gulab Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhagwan Das Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash summoning order dated 11.01.2021 passed in Complaint Case No. 07 of 2018, Special Session Trial No. 22 of 2021 (Smt. Sheela Vs. Gulab), under Sections 452, 354, 354kha, 504, 506 IPC, Section 8 of Protection of Children from Sexual Offences Act, Police Station Kotwali Lalitpur, District Lalitpur, pending in the court of Additional District and Session Judge/Special Judge (POCSO-I) Act, Lalitpur.
At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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.
Considering the prayer of the applicant, it is directed that if the applicant appears/surrenders before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 27.7.2021/Rahul.