Allahabad High Court
Sunil Swami vs State Of U.P. And Another on 28 September, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 29061 of 2015
Applicant :- Sunil Swami
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Akhilesh Chandra Shukla
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri Akhilesh Chandra Shukla, learned counsel for the applicant, and Sri Sanjay Tripathi, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the charge sheet dated 27.08.2014 and cognizance order dated 27.09.2014 taken by the Additional District Judge, Court No.10, Muzaffarnagar and also pleased to quash the entire proceeding of the case arising out from Case Crime No. 65 of 2014, under Sections 363, 366, 376 IPC and Section 4 of POCSO Act, Police Station Thana Bhawan, District Shamli. He further prayed for stay the proceeding of the aforesaid case.
It is submitted by the learned counsel for the applicant that as per the medical report the prosecutrix is major girl aged about 18 years. The applicant is married with the prosecutrix. As per the 164 Cr.P.C. statement of the prosecutrix, it appears that she is a consenting party, and from their wedlock a child has also been born.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
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 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, 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 impugned order as well as proceedings of the aforesaid case, is hereby refused.
However, it is directed that in case the applicant appear and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties expeditiously. The court below shall also consider the aforesaid arguments of the learned counsel for the applicant while considering the bail application of the applicant.
It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.9.2015/VKG
