Coram Quashed application under Section 482 Cr.P.C. seeking quashing of charge-sheet and orders in a POCSO case. The court found no merit in the application to quash based on the FIR prosecutrix statement and investigation evidence.
Prayer for quashing of charge-sheet and cognizance order refused; application dismissed.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 41347 of 2019
Applicant :- Tahir Alias Nanhaku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Saba Begum,Nabi Ullah Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet No.33 of 2019 dated 29.3.2019 and cognizance order dated 16.4.2019 as well as the entire proceedings of Case Crime No.248 of 2018, under Sections 376, 354, 323, 504, 506 I.P.C. and 5/6 POCSO Act, P.S. Rampur, District- Jaunpur, pending in the court of Additional Sessions Judge-I, Jaunpur.
Submission of the learned counsel for the applicant is that the prosecutrix is the daughter of maternal uncle i.e. cousin of the applicant. In fact, they are in love with each other and ready to solemnize Nikah . He has drawn the attention of the Court to the statement recorded under Section 164 Cr.P.C. in which the prosecutrix aged about 16 years has clearly stated that the applicant on the pretext of marrying sexually assaulted her for several years.
Per contra, learned A.G.A. strongly opposed the prayer for quashing the Charge-sheet and cognizance order as well as the entire proceedings against the applicant.
Considering the averments made in the first information report as also the statement of the prosecutrix and evidence collected during investigation, I do not find any merit in the application which may warrant any interference by this Court in the exercise of power conferred under Section 482 Cr.P.C. jurisdiction.
The prayer for quashing the Charge-sheet and cognizance order as well as the entire proceedings is, hereby, refused.
The present application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 18.11.2019/ Vikas
2 issues framed by the court
Whether the charge-sheet and cognizance order should be quashed given the allegation of false complaint and false love story.
Whether the exercise of jurisdiction under Section 482 Cr.P.C. is warranted in the instant case of alleged sexual assault.
3 provisions across 3 enactments
Tahir Alias Nanhaku
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
