Ramveer vs State Of U.P. And Another
2023 Latest Caselaw 27505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192519
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 28858 of 2023
 

 
Applicant :- Ramveer
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Neeraj Singh Yadav,Aman Patel
 
Counsel for Opposite Party :- G.A.,Deepak Gaur
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the entire criminal proceedings as well as charge sheet no. 45 of 2023, dated 25.03.2023 of Case No. 473 of 2023 (State vs. Ramveer), arising out of Case Crime No. 65 of 2023, under Section 354 IPC and Section 7/8 of POCSO Act, Police Station- Civil Lines, District- Etawah pending in the Court of Additional Sessions Judge/ Special Judge POCSO, Etawah.

3. Counsel for the applicant submits that the instant first information report has been lodged with malicious intention only to harass the applicant. He next submits that cognizance taken by learned Magistrate is abuse of process of law. No offence under aforesaid sections is made out against the applicant. He next submits that allegation made in the first information report is not supported by any evidence.

4. Per contra, learned A.G.A. as well as counsel for the opposite party no. 2 oppose the submissions made by counsel for the applicant and submit that the statement recorded during investigation as well as statement recorded under Section 164 Cr.P.C., are corroborating the prosecution case and, prima facie, offence under aforesaid sections is made out against the applicant.

5. Considered the submissions raised by learned counsel for the parties and perused the entire records. Submissions raised by learned counsel for the applicant are disputed questions of fact and sitting under 482 Cr.P.C. jurisdiction, this Court has no power to examine the facts.

6. 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.

Order Date :- 6.10.2023

Aditya