Sanjay Vs State of U.P. and Another

Court No. - 13

Case :- APPLICATION U/S 482 No. - 34404 of 2018

Applicant :- Sanjay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,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 of the Code of Criminal Procedure has been filed on behalf of the applicant to quash the cognizance order dated 23.03.2018 as well as the entire proceedings of Complaint Case No. 11917 of 2018, under Section 14(1), 14(1A) of Child Labour (Prohibition and Regulation) Act, 1986.

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Learned counsel for the applicants contended that as per the medical report, the age of child Abhishek is fourteen years. Even so opposite party no. 2 - Sri S.N. Nagesh, Inspector Child Labour has filed complaint against applicant narrating the age of Abhishek about thirteen years.

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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 Cr.P.C.

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In view of above, the prayer for quashing the cognizance order as well as the entire proceedings in the aforesaid case is hereby refused.

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However, if the applicant filed an application raising these facts before the trial court within thirty days, the same shall be decided by a reasoned and speaking order.

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Till disposal of the aforesaid application, no coercive action shall be taken against the applicant.

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With the above directions, the instant application is finally disposed of .

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Order Date :- 28.9.2018 VG..

Sanjay v. State of U.P. and Another

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Sanjay v. State of U.P. and Another

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