Rais And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 28113 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195858
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 28453 of 2023
 

 
Applicant :- Rais And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vishal Srivastava,Prem Narayan Singh,Ram Bahadur,Sr. Advocate
 
Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the lorder dated 17.06.2023 passed by Additional District & Sessions Judge/Special judge (POCSO Act), Allahabad as well as entire proceedings of Complaint Case No.30 of 2022 (Munnaur Alam @ Guddu vs. Mohd.Rais and others), under sections 376D, 286 I.P.C. & Section 5/6 Protection of Children From Sexual Offences Act, Police Station Nawabganj, District Prayagraj, pending in the court of learned Additional District & Sessions Judge/Special judge (POCSO Act), Allahabad.

3. Learned counsel for the applicants submits that all allegations against the applicants under aforesaid sections are not supported by any evidence. Investigating Officer has submitted final report two times as no evidence collected during investigation and entire prosecution is malice prosecution and not supported by any cogent evidence to prosecute the applicants in the present case.

4. Learned A.G.A. and learned counsel for the opposite party no.2 have vehemently opposed the contention raised by learned counsel for the applicants and submitted that statement of the victim recorded under sections 161 & 164 Cr.P.C. are supporting the prosecution case and final report submitted by the Investigating Officer is illegal and rightly magistrate has taken cognizance against the applicants.

5. Considered the arguments raised by learned counsel for the applicants and perused the entire records. Submissions raised by learned by learned counsel for the applicants are disputed question of facts 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 :- 11.10.2023

SKD