Disposed

Shamsuddin v. State of U.P. and another

Allahabad HC11 Oct 2018A482/35484/2018

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. for quashing proceedings in a POCSO/rape case. Instead of adjudicating merits, the court directed the applicant to file a discharge application before the trial court within two weeks, with coercive action stayed pending its disposal.

What did the court decide?

Discharge application must be filed before trial court within two weeks; coercive action stayed until its disposal; trial court must decide within 45 days.

Shamsuddin Vs State of U.P. and another — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 16 Case :- APPLICATION U/S 482 No. - 35484 of 2018 Applicant :- Shamsuddin Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Shahroze Khan, learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 03.08.2018 and entire proceedings of ST No. 85 of 2018, State Vs. Shamsuddin, arising out of Case Crime No. 74 of 2018, under Sections 376, 323, 506 IPC and 3/4 POCSO Act, Police Station Shohratgarh, District Siddharth Nagar, pending in the court of First Additional Sessions Judge, Siddharth Nagar.

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The contention of Sri Shahroze Khan, learned counsel for the applicant is that the the victim had made a statement under Section 164 Cr.P.C. before the learned Magistrate on 17.05.2018. In the aforesaid statement, it was recorded that one Qarim had ravished the prosecutrix one Anjani, sister of Santosh-opposite party no. 2 herein. Thereafter, the said accused Qarim pressurized the prosecutrix to change her statement. An application in this regard, was submitted by the father of the prosecutrix before the SSP on 04.06.2018. In the second statement, by the said prosecutrix, made a statement under Section 164 Cr.PC. on 27.07.2018, which disclosed that the applicant had ravished her.

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Learned counsel for the applicant Sri Khan submits that there is a material inconsistency in both the statements. Second statement was given admittedly under duress and

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solely with the motive to absolve the main accused Qarim.

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Per contra, the learned Additional Government Advocate pointed out the incriminating material recovered against the applicant during the course of investigation. The motorcycle of the father of the applicant was recovered from the vicinity of the house of the victim. These are the questions which need to be considered by the competent court while deciding the discharge application.

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In such view of the matter, it is open to the applicant to file a discharge application before the learned trial court within a period of two weeks. The learned trial court will consider and decide the discharge application on merits within 45 days from the date of submission of a certified copy of this order.

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No coercive action shall be taken against the applicant till the final disposal of the discharge application which, as directed will be decided within 45 days from the date of submission of a certified copy of this order. In case, the discharge application is not filed within a period of two weeks from today, this order shall stand recalled automatically and the trial court shall proceed forthwith against the applicant in accordance with law. It is clarified that this Court has not judged the merits of the matter. The learned trial court shall pass an appropriate order in accordance with law after independence application of mind.

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With the aforesaid observation, the present application under Section 482 Cr.P.C. is disposed of finally.

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Order Date :- 11.10.2018/Dhananjai

Shamsuddin v. State of U.P. and another

Case brief

What is this about?

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Shamsuddin v. State of U.P. and another

Case brief

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