Court No. - 75
Case :- APPLICATION U/S 482 No. - 19597 of 2020 Applicant :- Amarjeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Asthana,Siddharth Srivastava 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 by the applicant with the prayer to quash the Charge Sheet No. A- 151/2020 dated 12.8.2020 and cognizance order dated 2.9.2020 as well as entire criminal proceedings of Case Crime No. 112 of 2020, under Sections 376, 506 IPC and 3/4 of POCSO Act, P.S. Maharajganj, District- Azamgarh, pending in the court of Addl. Sessions Judge/Special Judge (POCSO Act), Azamgarh.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Perusal of the first information report shows that the applicant committed rape upon the victim and has further threatened that if she disclose this fact to anyone, she would be done to death.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the charge sheet as well as entire proceedings is therefore refused.
The application u/s 482 Cr.P.C. is dismissed.
Order Date :- 5.1.2021 KU