Chandan Singh And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 482 No. - 2027 of 2022
 
Applicant :- Chandan Singh And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

Issue notice to respondent no. 2.

Learned counsel for the petitioners submits that the prosecutrix on her own accord went away with the applicant/petitioner no. 1. In the statement under Section 161 and 164 Cr.P.C. she has not supported the prosecution case, therefore, no offence under Section 363/366 I.P.C. is made out. The prosecutrix has married with the petitioner no. 1. The marriage certificate is on record. Bone age of the prosecutrix has been assessed to be 16-17 years of age.

It is further submitted that out of the wedlock, petitioners have one girl child. It is lastly submitted on behalf of the petitioners that in view of these facts, the proceedings pending against the petitioners are nothing but abuse of process of law.

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

On due consideration to the argument advanced by the parties and perusal of the record, so also considering the fact that prima facie perusal of the statement of the prosecutrix under Section 161 and 164 Cr.P.C., no offence is made out against petitioner no. 1 and bone age of the prosecutrix is 16-17 years and in view of the judgment of the Supreme Court in the case of "Jaya Mala v. Govt. of J & K, (1982) 2 SCC 538", the benefit of two years on either side is permissible, I am of the opinion that prima facie case for interim relief is made out.

Accordingly, till further orders of the Court, further proceedings of Special Trial No. 324/2021, arising out of case crime No. 241/2019, under Sections 363/366 I.P.C. and Section 7/8 of POCSO Act, P.S. Kotwali Dehat, District Gonda "State Vs. Chandan Singh", shall remain stayed.

List on 25.05.2022.

Order Date :- 25.4.2022/R.C.