Dismissed

Zafroon and 3 Ors. v. State of U.P. and Another

Allahabad HC1 Jul 2019A482/25422/2019

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge-sheet under Section 482 Cr.P.C. involving a minor victim, alleging false implication of relatives. The Single Judge examined the prima facie case and held that disputed facts cannot be adjudicated at this stage, refusing to quash the charge-sheet and directing arguments to be raised before the trial court.

What did the court decide?

Application to quash charge-sheet and stay of proceedings is rejected.

Zafroon and 3 Ors. Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 25422 of 2019

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Applicant :- Zafroon And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Sandeep Kumar Pathak, learned counsel for the applicants, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 15.02.2019 submitted in case crime no. 0205 of 2018 under sections 363, 366, 120B, 376 I.P.C. 5/6 POCSO Act, P.S. Meerganj, District Jaunpur registered as S.S.T. No. 51 of 2019 (State vs. Mumtaz and others) as well as cognizance order dated 04.04.2019 pending before 1st A.S.J. Jaunpur and also a prayer is made to stay the proceedings in this case till the disposal of this application.

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It is argued by the learned counsel for the applicants that the accused Mumtaz, who had fallen in love with the victim Vibha Prajapati, who is 16 years of age is the main accused and is lying in jail. The accused-applicant no. 1 is 81 years old mother of the main accused while applicant nos. 2 to 4 are her other relatives. They have been falsely implicated. They had no role in enticing away the victim and yet police has submitted charge-sheet against them without any evidence. Therefore, it is prayed that the chargesheet should be quashed. He has also drawn attention of the Court towards the statement of the victim given under section 164 Cr.P.C. in which she has also submitted that the accused applicant nos. 2 to 4 are instrumental in the main accused fleeing with the victim from the house of victim.

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Learned A.G.A. opposed the prayer for quashing the charge-sheet. As per FIR, the accused Mumtaz is stated to have enticed away the victim and the accused-applicant nos. 2 to 4 were instrumental in this case and after investigation in the matter, the charge-sheet has been submitted. It cannot be rule out that no cognizance offence has been made against the applicants.

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From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9 . The disputed defense of the accused cannot be considered at this stage.

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The prayer for quashing the charge-sheet of the aforesaid case is refused.

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In view of the aforesaid, the application u/s 482 Cr.P.C. deserves to be

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rejected and is accordingly rejected. Whatever argument has been raised by the learned counsel for the applicants, may be raised before the trial court and seek discharge at appropriate stage, if so advised. Order Date :- 1.7.2019

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Zafroon and 3 Ors. v. State of U.P. and Another

Case brief

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Zafroon and 3 Ors. v. State of U.P. and Another

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