Court No. - 80
Case :- APPLICATION U/S 482 No. - 13186 of 2021 Applicant :- Kamlesh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge-sheet dated 8.11.2020 and cognizance order dated 16.2.2021 passed by Additional Sessions Judge / Special Judge, (POCSO Act), district Aligarh as well as the entire proceedings intiated by the opposite party no. 2 against the applicants in Sessions Trial No. 672 of 2021 (arising out of Case Crime No. 525 of 2020), Police Station javna, District Aligarh, under Sections 452, 323, 506 IPC (State versus Akash and others).
As per the allegations made in the FIR, it is alleged that on 7.10.2020 at about 3:00 PM one Akash forcibly entered in the house of the victim and tried to outrage the modesty of her minor daughter and had taken her obscene photographs and made it viral. On raising alarm, the applicants also reached there and extended death threats to her and further asked her not to disclose the said incident to others, else she would be defamed Learned counsel for the applicants 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 case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, entire proceedings be quashed.
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.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. 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, cognizance order and entire proceedings is therefore refused.
However, it is directed that if the applicants appear before the court below and apply for bail, their prayer for bail be considered expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 17.9.2021 Ravi Prakash Digitally signed by RAJIV GUPTA Date: 2021.09.17 14:20:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad