Kishan Gond vs State Of U.P. And 3 Others
2023 Latest Caselaw 20433 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156652
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 23761 of 2023
 

 
Applicant :- Kishan Gond
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Dinesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of S.C. No.422 of 2023 (State Vs. Kishan Gond and another), arising out of Case Crime No.22 of 2023, under Sections 323, 504, 506, 363, 366, 354A I.P.C. and Section 7/8 POCSO Act, Police Station Kandwa, District Chandauli, pending in the Court of Special Judge (POCSO Act) Chandauli as well as cognizance order dated 24.04.2023 passed by Special Judge (POCSO Act) Chandauli.

3. The contention of learned counsel for the applicant is that allegations against the applicant are false and not supported by any cogent evidence and victim as per her High School Certificate was major and statement under Section 164 Cr.P.C. are not supporting. The victim is living with the applicant.

4. Learned A.G.A. has vehemently opposed the prayer for quashing the proceedings of the aforesaid case and has submitted that as per her High School Certificate, the victim is minor and moreover on perusal of F.I.R. and statement, offence under alleged sections is made out and submissions of learned counsel for the applicant are purely disputed question of fact which cannot be examined at this stage.

5. In view of the above, in the light of judgment of the Apex Court in the matters 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.

8. If discharge application moved by the applicant, the same shall be decided in accordance with law.

Order Date :- 3.8.2023

Atul