Disposed

Jitendra @ Jitendra Singh v. State of U.P and 3 Others

Allahabad HC28 Jul 2022A482/10371/2022

Case brief

AI extract

What is this about?

The High Court observed that factual aspects regarding the victim's age cannot be adjudicated in a Section 482 CrPC application. The applicant was granted one month to file a discharge application before the trial court instead of quashing the proceedings.

What did the court decide?

One month stay on coercive action to allow the applicant to file a discharge application before the trial court.

Jitendra @ Jitendra Singh Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 10371 of 2022

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Applicant :- Jitendra @ Jitendra Singh Opposite Party :- State Of U.P And 3 Others Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.,Krishna Kumar Singh

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant, Sri Krishna Kumar Singh learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Special S.T. No. 1996 of 2022, arising out of Case Crime No. 187 of 2021 (State vs Jitendra), under Section - 354 I.P.C. read with Section - 7/8 of The Protection of Children from Sexual Offences Act, Police Station - Khurjanagar, District - Bulandshahr, pending in the court of Additional District & Session Judge / Special Judge (POCSO) Act, Bulandshahr together with impugned charge sheet dated 08.10.2021 and impugned cognizance order dated 23.02.2022.

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Basically the point of actual age of the victim has been questioned based upon certain facts of this case, otherwise other ancillary matters have also been brought to the notice of this Court.

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However, Sri Krishna Kumar Singh, learned counsel for the informant has vehemently opposed by replying to the aforesaid question that in this case, the age of the victim is below 18 years. By any stretch of imagination, there is no other material suggesting the victim to be over 18 years of age.

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At this stage, learned counsel for the applicant after arguing the matter to some extent has submitted that the applicant wishes to move discharge application before the trial court and relinquishes the prayer for quashment.

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Learned A.G.A. has no objection.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case, the applicants appear before the court concerned within one month from today and moves application for discharge, the same shall be considered and disposed of in accordance with law by passing reasoned and speaking order, as

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factual aspects cannot be adjudicated upon by this Court. The same falls within the domain of the court below.

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For a period of one month from today, no coercive action shall be taken against the applicant.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of .

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Order Date :- 28.7.2022 S Rawat

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Digitally signed by SHOBHIT RAWAT Date: 2022.08.02 11:23:13 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra @ Jitendra Singh v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

Jitendra @ Jitendra Singh v. State of U.P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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