Court No. - 65
Case :- APPLICATION U/S 482 No. - 29621 of 2019
Applicant :- Shailendra
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Dharmendra Kumar Singh, ,Rajesh Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
The present application has been filed with a prayer to quash the impugned charge sheet dated 29.3.2017 as well as entire criminal proceeding of Special Trial No. 29 of 2017, arising out of Case Crime No. 29 of 2017, under Section 363, 366, 376 IPC and 4 POCSO Act.
It has been argued by the learned counsel for the applicant that the accused-applicant and daughter of opposite party no. 2 are staying together and daughter of opposite party no. 2, is now pregnant also. As per F.I.R., her age was 16 years but as per school living Certificate, she is found to be major. As per medical examination report also, her age is found to be 18 years. The police has submitted charge sheet without proper investigation in this case and the same needs to be quashed being malicious prosecution.
learned A.G.A. opposed the prayer of quashing of charge sheet as well as entire criminal proceedings.
I have gone through the F.I.R.
It is recorded in it by opposite party no. 2 that on 20.12.2016 at about 4:00 pm, his daughter (victim) aged about 16 years had been enticed away by the accused-applicant and she had fled from her house taking along jewellery and cash of Rs. 20,000/-. She was later on recovered on 7.1.2017 from the house of accused and entire jewellery was retained by the accused & her family. After investigation in this case, charge sheet has been submitted by the police. The statements of the witnesses recorded during investigation cannot be dis-believed in application u/s 482 Cr.P.C. and it cannot be denied that cognizable offence is made out against the accused-applicant.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604, State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings is refused.
Whatever arguments have been raised before this Court by the learned counsel for the applicant, may be raised before the trial court and seek discharge at appropriate stage, if so advised.
With the above direction, application u/s 482 Cr.P.C. is disposed of.
Order Date :- 30.7.2019
A.P. Pandey