Disposed

Satendra Prasad v. State of U.P. and Another

Allahabad HC28 Jul 2022A482/9755/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings arising from a criminal case involving alleged elopement and marriage, the court observed that factual aspects require adjudication by the trial court during trial or discharge. It disposed of the quash application by allowing the applicant to move a discharge application within one month before the Special Judge.

What did the court decide?

Applicant permitted to move discharge application within one month; no coercive action against applicant during that period.

Satendra Prasad Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

¶1

Court No. - 64

¶2

Case :- APPLICATION U/S 482 No. - 9755 of 2022

¶3

Applicant :- Satendra Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh,Manish Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of S.T. No.146 of 2018, pending in the court of Special Judge (POCSO Act), court no.3, Deoria, under Sections 376, 366 IPC and Section 3/4 of the POCSO Act including the cognizance order dated 27.09.2016 arising out of case crime no.60 of 2016, u/s 363, 366 IPC, P.S. Barhaj, district Deoria.

¶7

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He added that as per the medical report, the victim is major and she voluntarily eloped with the applicant and married with him and out of their wedlock two male child was born. He added that as per the statement of victim recorded under Section 164 Cr.P.C., she stated that she was consenting party, copy whereof has been annexed as Annexure No.5 to the application. He wishes to move discharge application before the trial court.

¶8

Learned AGA has no objection.

¶9

Upon considering the entirety of the case, it is obvious that all the factual aspects are to be adjudicated upon by the Magistrate concerned at the time of framing of charge/discharge (if moved by the applicant) and also during the course of evidence being tendered by the prosecution and that way things can be settled according to the merit of the case and material available on record by the trial court, as it is within its exclusive domain.

¶10

In view of above, it is provided that in case, the applicant appears before the court concerned within a period of 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.

¶11

For a period of one month from today or till disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the applicant.

¶12

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.

¶13

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

¶14

Order Date :- 28.7.2022

¶15

Raj

¶16

Digitally signed by RAJ KUMAR Date: 2022.07.29 17:18:04 IST Reason: Location: High Court of Judicature at Allahabad

Satendra Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Satendra Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shankar Lal Vs State of U.P. and Another

Om Prakash and Another Vs State of Up and 2 Others

Abhishek and 4 Others Vs State of U.P. and Another

Rolu Yadav and Another Vs State of U.P. and Another

Lakhpat and 5 Others Vs State of U.P and Another

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