Sajivan Rajbhar v. State of U.P. and Anr.
Case brief
What is this about?
A single judge rejected a petition under Section 482 Cr.P.C. seeking quashing of proceedings arising from FIR Case No. 847 of 2015 under Sections 363, 366, 376, 506 IPC and POCSO, finding no good reason to grant relief.
What did the court decide?
Prayer to quash the charge-sheet and cognizance is rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- APPLICATION U/S 482 No. - 7853 of 2019
Applicant :- Sajivan Rajbhar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arvind Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned counsel for the opposite party.
By means of the present 482 Cr.P.C. application, the prayer sought by the applicant is to quash the entire proceedings of chrge-sheet as well as cognizance dated 12.10.2015, Special Session Trial No. 115/2015 (State Vs. Sajivan Rajbhar), arising out of Case Crime No. 847 of 2015, under Sections 363, 366, 376, 506 I.P.C. and 3/4 Protection of Sexual Offence from Children (POCSO) Act, Police Station- Dhanghata, DistrictSant Kabir Nagar.
Submission made by learned counsel for the applicant that after recording the statements of P.W.- 1 and P.W.- 2, and the application moved by the informant, namely- Subhash on 10.12.2018 with the prayer to withdraw the prosecution case against the applicant and the same was rejected by learned Trial Judge.
Keeping in view the testimony of two witnesses recorded under Section 164 Cr.P.C. and the testimony of the victim which is against the applicant. I find no good reason to exercise my discretion in favour of the applicant.
Issues for consideration
1 issue framed by the court
Whether there is sufficient ground to exercise discretion to quash criminal proceedings under Section 482 Cr.P.C.
Parties & counsel
- applicant
Sajivan Rajbhar
- respondent
State Of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- A482/7853/2019
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