Court No. - 84
Case :- APPLICATION U/S 482 No. - 4209 of 2021 Applicant :- Santosh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Naresh Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Shri Shiv Naresh, learned counsel for the applicant and Shri Pankaj Saxena, learned AGA-I appearing for the State- opposite party.
The present application under section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 30.8.2020 in Case no. 269 of 2020 (State Vs. Santosh Yadav) arising out of Case Crime No. 136 of 2020 under section 354Kha, 147, 323, 504, 506 I.P.C. & Section 7/9 POCSO Act, Police Station Gopiganj, District-Bhadohi pending in the court of Additional District and Sessions Judge/Special Judge (POCSO Act), Court no. 1, Gyanpur, Bhadohi.
Counsel for the applicant at the very outset, fairly submits that the necessary ingredients for invocation of powers under section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the prayer in the application. The reliefs sought in the present application are therefore, not entertained.
Learned counsel states that the applicant would submit to the jurisdiction of the court below and seek bail. He places reliance upon the supplementary affidavit to submit that some of the co- accused have been granted bail by the court below.
Needless to say that in case any such application for bail is moved on behalf of the applicant before the court below, the court concerned would be expected to dispose of the same in accordance with the settled principles of law.
Subject to the aforesaid observation, the application stands dismissed.
Order Date :- 16.8.2021 Kirti (Dr. Y.K. Srivastava, J)