Dismissed

Nagendra Alias Nagina Chaudhary v. State of Up and Another

Allahabad HC29 Mar 2019A482/8769/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking quashing of charge sheet and cognizance order in POCSO/IPC offences was rejected as disputed facts were pending trial. Applicant granted 30-day grace period to appear, apply for bail, and avoid coercive action.

What did the court decide?

Prayer for quashing refused; applicant granted 30-day grace period to appear and apply for bail without coercive action.

Nagendra Alias Nagina Chaudhary Vs State of Up… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 8769 of 2019

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Applicant :- Nagendra Alias Nagina Chaudhary Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of charge sheet dated 07.05.2018 including congnizance order dated 27.10.2018 in Case No. 294 of 2018 arising out of Case Crime No. 1008 of 2017, under Sections 363, 366, 368 I.P.C. and 3/4 of POCSO Act, Police Station Sector-20, Noida, District Gautam Budh Nagar, State Vs. Rahul and Others, pending before 1st Additional District and Sessions Judge, Gautam Budh Nagar.

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The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further submitted that applicant is father of co-accused Rahul and main contention of accused is that no offence under Section 363 & 366 I.P.C. is made out against the applicant. He further submitted that as far as Section 368 I.P.C. is concerned allegationa is very shaky and frivolous and at this stage, no cognizable offence is made out against the applicant.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant have got a right of discharge under Section 239 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.

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The prayer for quashing the proceedings as well as summoning order and charge sheet, is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by the Apex Court, expeditiously preferably on same day . For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 29.3.2019 Vibha Singh

Nagendra Alias Nagina Chaudhary v. State of Up and Another

Case brief

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Nagendra Alias Nagina Chaudhary v. State of Up and Another

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