Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Charge Sheet dated 02.04.2017 as well as cognizance and summoning order dated 07.01.2019 passed by the learned Additional Sessions Judge VIII/Special Judge, (POSCO) Vranasi in Special Trial No. 11 of 2019, (State Vs. Rohit Patel) arising out of Case Crime No. 0103 of 2017, under Sections 323, 325, 354, 452, 504, 506 & 354-B I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station-Badagaon, District-Varanasi pending in the court of Additional Sessions Judge VIII/Special Judge (POCSO) Act, Varanasi with a further prayer to stay the further proceedings of the above-stated special trial no. 11 of 2019.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and that the dispute between the parties is regarding immovable property and that a civil suit was pending before the civil court and that the impugned complaint was filed making false and baseless allegations. Learned counsel has referred certain documents and statements in support of his contentions and has submitted that no prima facie case is made out against the applicant.
Learned A.G.A. has submitted that after perusal of the material on record and facts of the case, at this stage it cannot be said that no offence is disclosed against the applicant.
All the submissions raised by learned counsel for applicant relates 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. The disputed defence of the accused cannot be considered at this stage. There is no sufficient ground to quash the summoning order and charge sheet in the aforesaid case.
Accordingly, the prayer as made above, is hereby refused.
However, in view of the submissions made by learned counsel for the applicant, it is directed that in case, the applicant appears and surrenders before the court below within a period of 30 days from today and moves bail application, the same shall be considered and decided expeditiously in accordance with law.
For a period of 30 days 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.
It is also provided that if the applicant does not appear before the court below within the aforesaid period, the trial court will be at liberty to proceed in accordance with law against the applicant.
With the above observation, the application is finally disposed of.
Order Date :- 17.2.2021 Anand