Court No. - 80
Case :- APPLICATION U/S 482 No. - 13964 of 2021 Applicant :- Vipin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiyaj Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the further criminal proceedings of S.T. No. 142 of 2017 (State Vs. Vipin) arising out of Case Crime No. 151 of 2017, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, P.S. Utraon, District- Allahabad, pending in the court of Addl. Special Judge/A.D.J. Court No.14, Allahabad.
Learned counsel for the applicant has submitted that as per allegation made in the first information report, it is alleged that on 7.6.2017 the applicant had kidnapped the daughter of the opposite party no. 2. He has next submitted that as per School Leaving Certificate, the date of birth of the victim is 3.6.2001 and the applicant had married the victim and as such the entire proceedings be quashed.
Learned counsel for the applicants has further 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 applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
Per contra, learned AGA has submitted that on the date of incident the age of the victim was about 16 years and she was a minor and as such it cannot be said that the applicant cannot be prosecuted.
From the perusal of the 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 the applicant. All the submissions made at the bar relate 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 the Supreme Court in the 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, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the proceedings of the aforementioned case is refused.
The applicant has already been released on bail.
The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239/245 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
With the aforesaid directions, this application u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 13.8.2021 KU