Ram Subhawan vs State Of U.P. And Another
2023 Latest Caselaw 24178 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:175951
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32994 of 2023
 

 
Applicant :- Ram Subhawan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shrawan Kumar Tripathi
 
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 charge-sheet dated 23.03.2023, cognizance/summoning order dated 17.04.2023 as well as entire proceedings of Case No.6581 of 2023 arising out of Case Crime No.0315 of 2022 (State vs. Subhawan), under Sections 363. 366 I.P.C., PS Harraiya, District Basti, pending in the Court of Additional Judicial Magistrate-I, Basti.

3. Allegation in the FIR as well as from the statement of the victim recorded under sections 161 & 164 Cr.P.C., no offence is made out against the applicant. He next submits that applicant had challenged FIR by filing Criminal Misc.Writ Petition No.20378 of 2022. The Division Bench of this Court by order dated 22.02.2023 stayed the arrest of the applicant till submission of police report. Learned counsel for the applicant next submits that statement of the victim recorded under section 164 Cr.P.C. is contradictory and is not supporting the prosecution case. In the statement of the victim recorded under section 161 Cr.P.C. there is no allegation against the applicant for enticing her.

4. Learned A.G.A. has vehemently opposed the submission raised by learned counsel for the applicant and submits that these are disputed question of facts and from the statement recorded under section 161 Cr.P.C, there is clear evidence against the applicant. Victim is minor and at this stage facts cannot be examined.

5. Considered the entire facts and circumstances of the case and submission raised by learned counsel for the applicant. Submission raised by learned counsel for the applicant that statement of the victim recorded under section 164 Cr.P.C. is contradictory and there is no evidence against the applicant to implicate him in the present case. All the material facts will be examined at the time of trial. Submission of the applicant is based upon facts of the case.

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 :- 6.9.2023

SKD