Single judge refused to quash criminal proceedings under S. 482 Cr.P.C. finding prima facie cognizable offence disclosed. Directed bail application to be considered expeditiously if filed before trial court.
Application for quashing proceedings refused; direction to consider bail application if filed in trial court.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 374 of 2020
Applicant :- Abhishek And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings pursuant to the Charge-sheet dated 5.6.2018, arising out of Case Crime No.38 of 2018, under Sections 354, 504, 376, 511 I.P.C. and 7/8 POCSO Act, Police Station Gabhana, District Aligarh as well as the cognizance order dated 26.6.2018 passed by learned Additional Sessions Judge, Court No.7, Aligarh.
It has been argued by learned counsel for the applicants that the applicants are wholly innocent and prima facie no offence under Sections 354, 504, 376, 511 I.P.C. and 7/8 POCSO Act is made out against them. There are major variations and contradictions between the statement of the victim recorded under Sections 161 and 164 Cr.P.C. Therefore, the entire proceeding apparently smacks of malafide and the same is liable to be quashed in exercise of inherent power conferred under Section 482 Cr.P.C.
Per contra, learned A.G.A. has pointed out that the prayer for quashing the proceedings pursuant to the charge-sheet dated 5.6.2018 has been filed belatedly and besides it from the bare reading of the statement recorded under Section 164 Cr.P.C. of the prosecutrix it cannot be said that no commission of cognizable offence is disclosed against the applicants. He has further submitted that the order-sheet of the trial has not been annexed along with the affidavit and by this the trial would have proceeded much further.
In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good ground for quashing the proceedings impugned in the present application, inasmuch as, prima facie cognizable offence of outraging the modesty of a minor girl is disclosed against the applicants.
The prayer for quashing the proceedings impugned in the present application is refused.
However, it is provided that if the applicants appear before the court below and apply for bail, their bail application shall be considered and decided as expeditiously as possible in accordance with law.
With the aforesaid observations/directions, the present application under Section 482 Cr.P.C. is, accordingly, disposed of.
Order Date :- 7.1.2020 Vikas
3 issues framed by the court
Whether the impugned proceedings under Sections 354, 504, 376, 511 IPC and 7/8 POCSO Act should be quashed based on variations in statements and prima facie innocence.
Whether late filing of the application for quashing proceedings precludes its consideration.
Whether the petitioners are entitled to bail if they apply before the court below.
1 provisions across 1 enactments
Abhishek And Another
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
