Court No. - 72
Case :- APPLICATION U/S 482 No. - 9261 of 2021 Applicant :- Sanjay Upadhyay And 12 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kameshwar Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the order dated 08.02.2021 passed by Special Judge, (POCSO Act)/Additional Sessions Judge-I, Ballia in Complaint Case No. 58 of 2020 (Pooja and others vs Sanjay and others), police station Rasara, district Ballia, whereby accused-applicants, namely, Sanjay Upadhyay, Ratnesh Upadhyay, Sanjeev Upadhyay, Pankaj Upadhyay, Sudeep Upadhyay, Ajit alias Rajeev, Umesh Upadhyay and Dhananjay Upadhyay have been summoned for offence under sections 354, 323, 504, 506 IPC and section 7/8 of Protection of Children from Sexual Offences Act and accused-applicants, namely Durgawati Devi, Sarita, Tara Devi, Sudha Upadhyay and Kanchan Upadhyay have been summoned for offence under sections 323, 504, 506 IPC.
Learned counsel for the applicants submits that applicant No. 1 and applicant Nos. 9 to 13, namely, Sanjay Upadhyay, Durgawati Devi, Sarita, Tara Devi, Sudha Upadhyay and Kanchan Upadhyay are on bail.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned against the applicants and confined his submission requesting to grant some protection to the applicants Nos. 2 to 8 to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants No. 2 to 8 expeditiously in accordance with law.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants No. 2 to 8, namely, Ratnesh Upadhyay, Sanjeev Upadhyay, Pankaj Upadhyay, Sudeep Upadhyay, Ajit alias Rajeev, Umesh Upadhyay and Dhananjay Upadhyay shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the aforesaid applicants shall be disposed of expeditiously by the courts below in accordance with law.
For the period of three weeks from today or till the time of surrender of the aforesaid applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 25.10.2021 Sazia