Dismissed

Chotu v. State of U.P. and Another

Allahabad HC6 Dec 2022A482/26437/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of proceedings for sexual assault under Section 8 of the POCSO Act. The Court held that the prior enmity between parties could not override the victim's statement and the Magistrate's findings of sufficient grounds for summons. Reference was made to Lalankumar Singh regarding the necessity of a prima facie case befo

What did the court decide?

Application under Section 482 Cr.P.C. for quashing of summons order under Section 8 POCSO Act was rejected.

Chotu Vs State of U.P. and Another — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 26437 of 2022

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Applicant :- Chotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Applicant before this Court is aggrieved by an impugned order dated 08.07.2022 passed under Section 204 Cr.P.C. whereby accused has summoned for offence under Section 8 of POCSO Act.

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Sri Sunil Kumar Pandey, learned counsel for applicant submits that there is a prior enmity between parties and one of person from complainant side is an accused on an FIR lodged by applicant side and only for purpose to put pressure, a case has been made out on basis of false statement of victim.

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In order to consider above submissions, I have carefully perused complaint, statement of victim under Section 200 Cr.P.C. as well as other witnesses under Section 202 Cr.P.C. and tested impugned order in terms of dictum of Supreme Court in Lalankumar Singh vs. State of Maharashtra, 2022 SCC Online SC 1383 that "the order of issuance of process is not an empty formality. The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself. The order is liable to be set aside if no reasons are given therein while coming to the conclusion that there is a prima facie case against the accused. No doubt, that the order need not contain detailed reasons.".

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In present case, complainant has specifically stated about allegations which falls under Section 8 of POCSO Act which is

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also completely corroborated by statement of victim herself.

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Section 8 of the Act provides punishment for sexual assault. Sexual assault provides in Section 7 which includes any act which involves physical contact without penetrating for sexual intent. The victim has specifically stated about said act.

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Special Judge, POCSO Act has considered case of complainant as well as statement recorded under Sections 200/202 Cr.P.C. and passed impugned order with specific opinion that there are sufficient grounds to proceed against him. Only on a ground that there was prior enmity between parties, ignoring statement of victim as well as complainant before Magistrate as well as there is a formation of opinion as required under Section 204 Cr.P.C., no case is made out for exercising inherent powers of this Court.

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Accordingly, application being sans merit is rejected .

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Order Date :- 6.12.2022 Nirmal Sinha

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(16/329 fresh cases)

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Digitally signed by NIRMAL SINHA Date: 2022.12.06 17:13:38 IST Reason: Location: High Court of Judicature at Allahabad

Chotu v. State of U.P. and Another

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Chotu v. State of U.P. and Another

Case brief

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