Court No. - 86
Case :- APPLICATION U/S 482 No. - 16585 of 2021 Applicant :- Irshad @ Chotu (Minor) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratik Chandra,Asha Parihar Counsel for Opposite Party :- G.A
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding of S.T. No. 19 of 2020 (State Vs. Irshad alias Chotu) arising out of Case Crime No. 685 of 2019, under Section 452, 376/511, 323, 506 I.P..C, Police Station- Jalaun, District- Jalaun, as well as summoning order dated 10.8.2021, pending in the Court of Juvenile Justice Board, Jalaun. Further prayer to stay the further proceedings of the aforesaid case has also been made.
Learned counsel for the applicant vehementally submitted that from the allegations made in the F.I.R. as well as in the statements of the victim recorded under Section 161 and 164 Cr.P.C. and from the medical evidence, at the best offence does not traverse beyond Section 354 I.P.C. even then the Trial Court has illegally taken cognizance under Section 376/511 I.P.C. and summoned the applicant to face trial for the offence under Section 376/511 I.P.C.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C. I do not find any substance in the arguments advanced by learned counsel for the applicant.
The impugned order reflects application of judicial mind. No interference is required by this Court. Moreover, the applicant may move a discharge through for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
Needless to state that in the eventuality of filing of any application for discharge/alteration of charges by the applicant before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 7.10.2021 S.Verma