Heard learned counsel for applicant, learned A.G.A. for State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the entire proceeding of the Special Trial No. 1150/2019, Case Crime No. 0097/2019, under Sections 294, 504 I.P.C. and Section 12 POCSO Act, Police Station- Campearganj, District- Gorakhpur as well as charge sheet dated 08.06.2019, cognizance order dated 16.11.2019 pending before Special Judge POCSO Court No. 4, Gorakhpur.
It is contended by learned counsel for the applicant that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. Charge sheet has been filed on the basis of insufficient evidence.
From the perusal of material on the record and looking into the matter of the case, at this stage it cannot be said that no offence is made out against the applicant.
All the submission 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 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. The disputed defence of the accused cannot be considered at this stage.There is no sufficient ground to quash the charge sheet in the aforesaid case.
The prayer for quashing the entire proceeding, charge sheet and cognizance order in the aforesaid case is hereby refused.
At this stage, learned counsel for applicant prays that a direction may be issued to the court below for expeditious disposal of the bail application of the applicant.
Learned A.G.A. has no objection regarding expeditious disposal of bail application.
In view of the submission made by learned counsel for parties and considering the facts of the case, it is provided that if applicant appears and moves his bail application before the court below concerned within 30 days from today, the same shall be considered and decided expeditiously in accordance with law.
For a period of 30 days from today or till the surrender of the applicant before the court below, 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, the trial court will be at liberty to take coercive action against the applicant in accordance with law.
With the aforesaid observation, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 3.2.2021 Sharad/-