Dismissed

Harjit Singh and 3 Others v. State of U.P. and Another

Allahabad HC9 Nov 2022A482/22731/2022

Case brief

AI extract

What is this about?

The applicants challenged the charge sheet in a POCSO and IPC matter under Section 482 Cr.P.C., arguing the victim statement could be ignored. The Court rejected the prayer, citing Supreme Court precedent and the minor victim's statement, upholding the proceedings.

What did the court decide?

The application praying for quashing of the charge sheet and entire proceedings was rejected.

Harjit Singh and 3 Others Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 22731 of 2022 Applicant :- Harjit Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikesh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Harikesh Gupta, learned counsel for the applicants and learned AGA for the State.

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The applicants herein are seeking quashing of the charge sheet dated 07.01.2019 as well as entire proceedings of S.T. No.44/19 under Sections 323, 504, 506, 354Kha IPC and Section 7/8 POCSO Act, P.S.-Hazara, District- Pilibhit pending before Special Judge, POCSO Act, Pilibhit.

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The applicants are facing trial in a serious offence arising out of offences under Sections 323, 504, 506, 354Kha IPC and Section 7/8 POCSO Act. Charge sheet has been filed way back on 07.01.2019 and the cognizance has been taken on 18.04.2019. However, it appears that applicants on one hand are avoiding the due process of law and now they have approached this Court to challenge the same.

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Learned counsel for the applicants submits that ignoring statement of the victim recorded under Section 164 CrPC, this may court may rely upon the statement of other witnesses where prosecution version has been contradicted.

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Learned AGA has vehemently opposed the aforesaid submission and submits that in the present case, the minor victim specifically stated in her statement recorded under Section 164 CrPC that the applicants have committed an offence under Sections 323, 504, 506, 354Kha IPC and Section

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7/8 POCSO Act. Therefore, ignoring the said statement, this Court cannot rely upon other evidence which is yet to be scrutinised before the Court concerned during trial.

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The law in regard to exercise of powers under Section 482 Cr.P.C. has been recently reiterated by the Supreme Court in the case of Ramveer Upadhyay & Anr Vs. State of U.P. & Anr, 2022 SCC OnLine SC 484 that, criminal proceedings cannot be nipped in the bud by exercise of jurisdiction under Section 482 of Cr.P.C. only because the complaint has been lodged by a political rival. Whether the allegations are true or untrue, would have to be decided in trial. In exercise of power under Section 482 of Cr.P.C., the Court does not examine the correctness of the allegations in a complaint except in exceptionally rare cases where it is patently clear that the allegations are frivolous or do not disclose any offence.

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In view of the law laid down by the Apex Court in Ramveer Upadhyay ( supra ) and considering the statement of the victim-a minor girl, prima facie, ingredients of above referred offence are made out. Therefore, the prayer seeking quashing of the charge-sheet as well as entire proceedings is rejected.

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The application is disposed of with a direction to the learned trial court to conclude the trial expeditiously and take all coercive measure for the appearance of the applicants, if they are not still appeared.

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Order Date :- 9.11.2022/P Kesari

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Digitally signed by PRACHI KESARWANI Date: 2022.11.15 10:34:08 IST Reason: Location: High Court of Judicature at Allahabad

Harjit Singh and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Harjit Singh and 3 Others v. State of U.P. and Another

Case brief

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