Dismissed

Montu v. State of U.P. and Another

Allahabad HC21 Nov 2019A482/41771/2019

Case brief

AI extract

What is this about?

The Single Bench dismissed the application under Section 482 Cr.P.C. seeking quashing of a charge-sheet involving allegations of rape, impersonation, and impersonation of a married person. The Court held that a prima facie offence is made out based on the prosecutrix's statement under Section 164 Cr.P.C. regarding false promises of marriage and sexual assault.

What did the court decide?

Application for quashing of charge-sheet dismissed; direction that bail prayer be considered expeditiously upon surrender and application.

Montu Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 41771 of 2019

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Applicant :- Montu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghana Ram Niranjan Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet No.01 of 2018 dated 31.7.2018 in S.T. No. 71 of 2019 (State Vs. Montu), arising out of Case Crime No. 94 of 2018, under Sections 363, 366, 376, 323, 506 I.P.C. and 3/4 POCSO Act, Police Station- Konch, DistrictJalaun, pending in the court of Additional Session Judge, Court No.1, Jalaun at Urai.

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It has been contended by learned counsel for the applicant that prima facie offence under Section 376 I.P.C. is not made out against the applicant, inasmuch as, admittedly the prosecutrix has stayed with the applicant for several months. The prosecutrix is major and physical relations were established with her consent.

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Per contra, learned A.G.A. vehemently opposed the prayer for quashing the charge-sheet and submitted that statement under Section 164 Cr.P.C. of the prosecutrix clearly reflects that on the false promise of marriage the applicant sexually assaulted her for many years and in order to create evidence of marriage he had clicked some photographs. At this stage, from the tenor of the statement under Section 164 Cr.P.C. of the prosecutrix it cannot be said that no prima facie offence under Section 376 I.P.C. is made out.

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Having heard learned counsel for the applicant, learned A.G.A. for the State and perused the record, 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.

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The present application under Section 482 Cr.P.C. is, accordingly, dismissed.

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However, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Order Date :- 21.11.2019/ Vikas

Montu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Montu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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