MOHAMMAD ZAID Vs. STATE OF U.P.

JUDGEMENT

(1.) The Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. - 8361 of 2020 (Mohammad Zaid Vs. State of U.P. and another) has been placed before this Larger Bench on a reference made by a learned Single Judge, for the following questions to be answered :-

(2.) Reference to a Larger Bench occasioned before the learned Single Judge due to an order dtd. 20/1/2022 passed by another learned Single Judge in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 597 of 2020, (Shahaab Ali (Minor) and another vs. State of U.P.) in which, a question was raised before the said Court, as to whether a petition under Sec. 438 of the Code of Criminal Procedure, 1973 at the behest of child, in conflict with law, would be maintainable. After considering the same, the said Court reached to a conclusion that the same is not maintainable. The conclusion as reached therein is as follows:-

(3.) Heard Sri Rajrshi Gupta, Advocate, for the applicant in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7647 of 2020, Sri J.K. Upadhyay and Sri Amit Sinha, learned Additional Government Advocates for the State of U.P. and Sri Gaurav Kakkar, Advocate, learned Amicus Curiae and perused the records.