Court No. - 71
Case :- APPLICATION U/S 482 No. - 17054 of 2019 Applicant :- Rahul And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no.158 of 2018 dated 7.9.2018 as well as entire proceeding of Case No.218 of 2018(State Vs. Rajnish and another against the applicant no.1 Rahul for the offences punishable under Sections 377, 506 IPC and Section 3(2)(V) of the SC/ST Act and Section 5 and 6 of the POCSO Act and against the applicant no.2 Rajnish for the offences punishable under Sections 377 adn 506 IPC and Section 5 and 6 of POCSO Act, P.S. Bahsuma, District Meerut, pending in the court of Special Judge (POCSO Act)/Additional District and Sessions Judge, Court No.8, District Meerut.
Learned counsel for the applicants has submitted that they have been falsely implicated due to village party bandi and the present applicants have nothing to do with the alleged offence.
I have perused the entire facts, the victim has specifically mentioned both the applicants in his statements recorded under Sections 161 and 164 Cr.P.C. and after completing the evidence, the police has submitted the charge sheet against the applicants and the cognizance of the offence has been taken by the learned trial Court.
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. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
The present application is devoid of merits and accordingly dismissed. Order Date :- 29.4.2019 Mini