Considering an application under Section 482 Cr.P.C. to quash proceedings arising from a POCSO case, the court held the impugned order was based on relevant considerations and cogent reasons, refusing interference and dismissing the application.
Prayer for quashing the impugned order refused; application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- APPLICATION U/S 482 No. - 3877 of 2022
Applicant :- Suraj And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The applicants, through the present application under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Special S.T. No. 420 of 2021 (State Vs. Suraj and another) arising out of case crime No. 671 of 2020, under sections 323, 452, 506, 354Ka, 313 IPC and section of 7/8 POCSO Act, P.S. Bhelupur, District Varanasi pending in the court of Special Judge (POCSO Act)/ Addl. District and Sessions Judge, Varanasi, charge sheet dated 7.2.2021 and cognizance order dated 4.3.2021.
After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that impugned order is based upon relevant consideration and supported by cogent reason, the same does not suffer from any irregularity, illegality or jurisdictional error, hence, no interference is required by this Court. The prayer for quashing the impugned order is refused.
The application lacks merit. It is liable to be dismissed and is, accordingly dismissed.
Order Date :- 16.8.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.08.18 17:37:38 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether to quash the criminal proceedings under Section 482 Cr.P.C. invoking inherent jurisdiction.
Whether the impugned order of the Special Judge is based on relevant consideration and cogent reasons.
Whether the application lacks merit and needs dismissal.
1 provisions across 1 enactments
Suraj And Another
Gautam Chowdhary
Ratan Prakash Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
