Court No. - 83
Case :- APPLICATION U/S 482 No. - 8691 of 2021 Applicant :- Ram Naresh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. D.P. Rajbhar, Advocate holding brief of Mr. D.K. Mishra, learned counsel for applicant and learned A.G.A. fort State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging charge-sheet dated 25.08.2019 submitted in Case Crime No.735 of 2018, under Sections- 109, 228A, 501 I.P.C. and Section 7/8/23 POCSO Act, 2012, Police Station- Akbarpur, District- Kanpur Dehat, Cognizance Taking Order/Summoning Order dated 05.12.2019 passed by Additional District Judge, Court No.8 (POCSO), Kanpur Dehat in S.S.T. No.208 of 2019, (State Vs. Ram Naresh Mishra), under Sections- 109, 228A, 501 I.P.C. and Section 7/8/23 POCSO Act, 2012, Police Station- Akbarpur, District- Kanpur Dehat, as well as entire proceedings of above-mentioned sessions trial, now pending in the court of Additional District Judge, Court No.8 (POCSO), Kanpur Dehat.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above-mentioned case crime number. It is next contended that there is no evidence to support the prosecution of applicant. As such by virtue of law laid down in R.P. Kapur v. State of Punjab, AIR 1960 SC 866, wherein it is provided that in case there is no evidence against accused then proceedings can be quashed. As such, entire proceedings of above-mentioned case are liable to be quashed by this Court.
Per contra, learned A.G.A. has opposed this application. Learned A.G.A. contends that during the course of investigation, various witnesses were examined by Investigating Officer under Section 161 Cr.P.C. However, none of the statements of witnesses so examined have been brought on record. Therefore, it cannot be said that there is no material on record to support the prosecution of present applicant. Learned A.G.A. next contends that with regard to false implication/malicious implication of applicant, Division Bench of this Court, vide order dated 17.12.2018 passed in Criminal Misc. Writ Petition No. 36703 of 2018, (Ram Naresh Mishra Vs. State of U.P. and 3 others) refused to quash the F.I.R. Consequently, present application is liable to be dismissed.
Having heard learned counsel for applicant, learned A.G.A. for State and upon perusal of 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 applicants. All the submissions made at the Bar relate to the disputed defence of applicants, which cannot be adjudicated upon by this Court in exercise of its jurisdiction under section 482 Cr.PC. This Court cannot appraise or appreciate evidence to record a finding one way or other. At this stage only prime facie case is to be seen in the light of law laid down by Supreme Court in R.P. Kapur v. State of Punjab, AIR 1960 SC 866 and State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 27.7.2021 Saif