Dismissed

Deepak Singh v. State of U.P. and 3 Others

Allahabad HC12 Jun 2023A482/16695/2023

Case brief

AI extract

What is this about?

The High Court refused the application under Section 482 Cr.P.C. to quash the charge sheet and criminal proceedings arising from offences under IPC and POCSO Act. The court directed that an application for bail filed within three weeks would be considered expeditiously.

What did the court decide?

Prayer for quashing of charge sheet and proceedings refused; leave granted to apply for bail within three weeks.

Deepak Singh Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126169

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 16695 of 2023

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Applicant :- Deepak Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Amar Nath Singh

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Hon'ble Mayank Kumar Jain,J.

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

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned Charge Sheet dated 30.08.2022 arising out of Case Crime No. 72 of 2022 under Sections 363, 366A, 376D, 507 I.P.C and Section 5g/6 of POCSO Act, Police Station Chitwaragaon, District Ballia as well as the order taking cognizance and summoning dated 02.09.2022 passed by Additional Sessions Judge, Court No.8/Special Judge (POCSO) Act, Ballia and to quash the entire criminal proceedings of Sessions Case No. 612 of 2022 (State Vs. Deepak Singh),arising out of Case Crime No. 72 of 2022 under Sections 363, 366A, 376D, 507 I.P.C and Section 5g/6 of POCSO Act, Police Station Chitwaragaon, District Ballia pending in the Court of Additional Sessions Judge, Court No.8/Special Judge (POCSO) Act, Ballia.

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The main argument advanced by the learned counsel for the petitioner is that the victim in her statement recorded under Section 161 Cr.P.C and 164 Cr.P.C did not disclose any role about the applicant in commission of offence as mentioned in the F.I.R. therefore final report was submitted by the Investigating Officer and the additional statement is also recorded by the Investigating Officer. The victim in her additional statement too did not mention any role of the applicant and on the basis of the additional statement of the informant charge-sheet has been filed against the applicant.

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Per contra, learned A.G.A opposed the prayer for bail and submitted that the victim is of unsound mind and her date of birth is 10.06.2009 and final report was rejected by the trial court by passing a reasoned order, therefore, the present application deserves to be dismissed.

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Considering the facts and circumstances of the case and after going through the available record, the prayer for quashing the impugned Charge Sheet dated 30.08.2022 arising out of Case Crime No. 72 of 2022 under Sections 363, 366A, 376D, 507 I.P.C and Section 5g/6 of POCSO Act, Police Station Chitwaragaon, District Ballia as well as the order taking cognizance and summoning dated 02.09.2022 passed by Additional Sessions Judge, Court No.8/Special Judge (POCSO) Act, Ballia and to quash the entire criminal proceedings of Sessions Case No. 612 of 2022 (State Vs. Deepak Singh),arising out of Case Crime No. 72 of 2022 under Sections 363, 366A, 376D, 507 I.P.C and Section 5g/6 of POCSO Act, Police Station Chitwaragaon, District Ballia pending in the Court of Additional Sessions Judge, Court No.8/Special Judge (POCSO) Act, Ballia, is refused.

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However, it is provided that in case the applicant apply for bail within a period of three weeks from today, his application for bail shall be considered and disposed of expeditiously in accordance with law.

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In view of the aforesaid, application stands disposed of.

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Order Date :- 12.6.2023 PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Deepak Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Deepak Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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