Court No. - 75
Case :- APPLICATION U/S 482 No. - 453 of 2021 Applicant :- Shobhnath Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abha Pandey,Lal Ji Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge- Sheet No. 01 of 2019, dated 24.09.2019 and the order dated 20.10.2020 as well as entire proceedings of S.T. No. 54 of 2019, (State Vs. Shobh Nath Bind), arsing out of Case Crime No. 126 of 2019, under Sections 376, 506 IPC and Section 3/4 of POCSO Act, Police Station Jigana, District Mirzapur, pending in the court of Special Judge (POCSO Act), Court No. 2, Mirzapur.
As per the allegations made in the FIR as well as statement of the victim recorded under Section 161 CrPC, it is alleged that specific allegation of rape has been made against the applicant. She has further been threatened not to disclose the said fact to anyone else she would be done to death.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicant and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, charge-sheet, impugned order and entire proceedings cannot be quashed.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P.
Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
The prayer for quashing the charge-sheet, impugned order and entire proceedings is therefore refused.
With the aforesaid observations, this application under Section 482 CrPC is dismissed.
Order Date :- 25.1.2021 NA