Court No. - 75
Case :- APPLICATION U/S 482 No. - 18571 of 2020 Applicant :- Pradeep Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Dwivedi 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 dated 10.12.2019 and entire proceedings of Special Sessions Trial No.02 of 2020 (State Vs. Pradeep Kumar Gupta), arising out of Case Crime No.21 of 2019, under Sections 363, 376 IPC, Section 3/4 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Ghazipur, District Fatehpur, pending in the court of ASJ, POCSO Act, Fatehpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the applicant is already on bail.
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 applicant 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 applicant and as such, impugned charge-sheet and entire proceedings cannot be quashed. He has further drawn the attention of the Court to the statement of the victim Mamta recorded under Section 164 CrPC, wherein she has categorically stated that she is aged about 16 years and the applicant had committed rape upon her.
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 and entire proceedings is therefore refused.
With the aforesaid observations, this application under Section 482 CrPC is dismissed.
Order Date :- 6.1.2021 NA