Single judge dismissed application under Section 482 Cr.P.C. praying for quashing of an order and trial proceedings in a case involving IPC and POCSO charges, holding the impugned order was based on relevant considerations and required no interference.
Prayer for quashing of the impugned order is refused and the application is dismissed.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 7146 of 2022
Applicant :- Sanjeev Nagar Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vinay Kumar Singh Chandel,Rabindra Tiwari Counsel for Opposite Party :- G.A.,Manish Kumar Pathak
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, Sri Saurabh Kumar Pandey, holding brief of Sri Manish Kumar Pathak, learned counsel for O.P. No. 2, learned A.G.A. and perused the record.
This 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 order dated 7.1.2022 as well as impugned proceeding of Trial No. 38 of 2021 (State Vs. Sachin Garg and others) arising out of Case Crime No. 1013 of 2020, under sections 323, 452, 354 IPC and section 7/8, 16/17 POCSO Act, P.S. Loni, District Ghaziabad pending before Special Judge (POCSO Act)/ Addl. District and Sessions Judge, Ghaziabad.
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 :- 11.7.2022
RPD
Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.07.11 15:14:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. can be invoked to quash the impugned order and trial proceedings.
Whether the impugned order is based on relevant consideration and supported by cogent reason without irregularity.
8 provisions across 3 enactments
Sanjeev Nagar
Gautam Chowdhary
Ratan Prakash Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
