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2015 DIGILAW 3915 (ALL)

Ramba Tiwari v. State of U. P.

2015-12-10

AMAR SINGH CHAUHAN, VIKRAM NATH

body2015
JUDGMENT Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Prakash Veer Tripathi, learned counsel appearing for the complainant. 2. It has been pointed out by the learned counsel for the petitioner that F.I.R. was originally registered under sections 363, 366 IPC and at that stage the petitioner had approached this Court by means of Criminal Misc. Writ Petition No. 21437 of 2015, Rambha Tiwari vs. State of U.P. and others, which was disposed of by order dated 2.9.2015. It is further submitted that when the petitioner submitted the surrender application before the Court the police submitted report which included section 376, 120-B IPC and 3/4 POCSO Act also in addition to sections 363, 366 IPC as such the present petition has been filed. 3. We do not find any merit in this petition warranting interference in writ jurisdiction. 4. At this stage the learned counsel for the petitioner made a prayer that the bail application of the petitioner in Case Crime No.1808 of 2015, under sections 363, 366, 376, 120-B IPC and 3/4 POCSO Act, P.S. Kotwali, District Basti be ordered to be considered expeditiously, if possible on the same day by the Courts below. 5. After hearing learned counsel for the petitioner and learned A.G.A. this petition is finally disposed of with a direction that if the petitioner appears and surrenders before the Courts below within two weeks from today and applies for bail, then his bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court 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 in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.