Court No. - 15
Case :- APPLICATION U/S 482 No. - 6488 of 2018 Applicant :- Dabbu @ Pankaj Pal And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the charge sheet dated 18.10.2017 and proceeding in Session Trial No.13 of 2018 State Vs. Dabbu @ Pankaj and others, arising out of Case Crime No.296 of 2017 under Sections 323, 504, 354 IPC and 3 (2)(5) SC/ST Act, Police Station Dibiyapur, District Auraiya.
Crux contention raised before this Court is that no first information report could have been registered against the present applicants who are minors, therefore, they have been admitted to bail. The court below has no jurisdiction to proceed with the case because Section 8 (1) of the Juvenile Justice (Care & Protection of Children) Model Rules, 2016 impose a complete bar on lodging of the first information report. Therefore, the court below was not within its jurisdiction to issue summons against the present applicants.
Learned AGA has opposed the prayer for quashment of the charge sheet and submitted that the material on record is sufficient justifying the filing of charge sheet.
Considered the submissions.
At this stage, no opinion can be formed about factual aspect of the case as it is exclusive domain of the court below for consideration of the same. However, question raised is confined to the ambit of exercise of jurisdiction whether it so vested in the court concerned or not, is to be considered by the court below and not by this Court at this stage. Thus the prayer made for interference by this Court is not required.
However, the applicants are directed to appear before the court concerned and urge/agitate their claim by moving an application regarding the bar of Section 8 (1) of the Juvenile Justice (Care & Protection of Children) Model Rules, 2016. The court below after affording an opportunity of hearing to the parties shall pass a speaking and reasoned order, expeditiously.
Till disposal of the application so made by the present applicants, no coercive action shall be taken against the present applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.2.2018 rkg