Court No. - 77
Case :- APPLICATION U/S 482 No. - 17390 of 2020 Applicant :- Ankit Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Chitranshi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Present application has been filed seeking quashing of the proceedings of Session Trial No. 21 of 2020 (State of U.P. Vs. Ankit Sharma and others), Case Crime No. 38 of 2020, under Section 323, 504, 506 IPC, Sections 3 (1)(Da) & 3 (1) (Dha) SC/ST Act, Police Station Chandausi, District Sambhal pending before Additional District and Session Judge/Special Judge (Rape/POCSO Act), Sambhal at Chandausi.
Submission of counsel for the applicants is that FIR in question itself discloses that the alleged incident had occurred much prior to the lodging of the FIR and there is inordinate delay. He further submits that even if the allegation is taken to be correct, no offence under Sections 323, 504, 506 IPC and Sections 3 (1)(Da) & 3 (1) (Dha) SC/ST Act is made out. He further places reliance upon the Injury Report which does not discloses any injury of the victim. He further submits that the Magistrate concerned has taken cognizance in a mechanical manner as is disclosed from the word "Cognizance taken. Registered." which is against the spirit of judgment of this Court dated 19.4.2019 passed in an application under Section 482 CrPC No.
13583 of 2019 wherein this Court has considered the role of Magistrate while taking cognizance. He further placed reliance upon the judgment of the Supreme Court in the case of Hitesh Verma Vs. State of Uttrakhand and another, AIR 2020 SC 5584.
The matter requires consideration. Issue notice.
Steps be taken to serve the Opposite Party No. 2 within two weeks.
The Opposite Part No. 2 shall file counter affidavit within four weeks. Two weeks' thereafter is granted for filing rejoinder affidavit.
List thereafter.
Until further orders of this Court, further proceedings, against the applicants, in the aforementioned case shall remain stayed.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 6.1.2021 vinay