Sheetal Prasad @ Sheetal Verma Vs State of U.P. and Another

Court No. - 11

Case :- APPLICATION U/S 482 No. - 13946 of 2018

Applicant :- Sheetal Prasad @ Sheetal Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Achal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Salil Kumar Rai,J.

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

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This application under Section 482 Criminal Procedure Code of 1973 has been filed to quash the entire proceedings in Special Session Trial No.09/2017 (State versus Sheetal Prasad) arising out of Case Crime No. 387 of 2016 under sections 354-A I.P.C and 7/8 POCSO Act of Police Station Shakti Nagar, District Sonbhadra I.P.C.,Police Station- Shakti Nagar, District-Sonbhadra, pending before the Additional Sessions Judge, 1st Sonbhadra.vdsaq

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The contention of the counsel for the applicant is that the proceedings have been instituted against the applicant in pursuance to some orders passed under section 156(3) Cr.PC of 1973 passed by a Court which did not have the jurisdiction to pass the aforesaid order and therefore, the proceedings should be quashed.

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The prayer of the applicant cannot be accepted as the alleged order passed under section 156(3) was never challenged by the applicant before appropriate forum and subsequently a First Information Report was registered against him in which a charge sheet has now been filed against the applicant.

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In the circumstances, the prayer as made in the application is rejected. However, the applicant shall be at liberty to exercise any other remedy provided under the law against the proceedings in Special Session Trial No.09/2017.

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With the aforesaid observation, the application is disposed of.

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Order Date :- 27.4.2018

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IB

Sheetal Prasad @ Sheetal Verma v. State of U.P. and Another

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Sheetal Prasad @ Sheetal Verma v. State of U.P. and Another

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