Court No. - 78
Case :- APPLICATION U/S 482 No. - 17543 of 2020 Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 26.11.2019 as well as cognizance/summoning order dated 27.05.2020 arising out of Case Crime No.423 of 2019, under Sections 363 & 506 IPC and 7/8 POCSO Act, Police Station- Kotwali Kannauj, District- Kannauj.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. He further argued that no offence is disclosed against the applicant and present prosecution has been instituted with a malafide intention for the purpose of harassment.
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 applicant. All the submissions made by the learned counsel for the applicant relates to the disputed question 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 law laid down by the Apex Court in State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426. Disputed defence of the applicant cannot be considered at this stage.
In view of the above, the prayer for quashing the charge sheet of the aforesaid case is refused.
However, considering the nature of the allegations made in the FIR and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned within 30 days from today and applies for bail, the same shall be considered and decided expeditiously by the courts below.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 5.1.2021 Ashutosh Pandey