Disposed

Kaluwa Kumar and 4 Others v. State of U.P. and Another

Allahabad HC11 May 2023A482/17579/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. filed to quash cognizance and criminal proceedings. The applicants withdrew their quashing plea and sought discharge. The court directed them to file for discharge within two weeks and granted interim protection from coercive measures.

What did the court decide?

Interim protection from coercive measures granted pending discharge application; direction to file discharge application within two weeks.

Kaluwa Kumar and 4 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:102764

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 17579 of 2023

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Applicant :- Kaluwa Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Ashish Goyal, learned counsel for the applicants, Sri Pankaj Srivastava, learned AGA 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 cognizance order dated 03.09.2022, passed by Additional District and Sessions Judge, Court No. 27/Special Judge (POCSO Act, Exclusive Court), Agra as well as entire criminal proceeding of Case No. 1421 of 2022 (State Vs. Ashok Kumar and others) arising out of Case Crime No. 379 of 2022, under sections 147, 323, 504, 506, 120B IPC, Police Station Jagdishpura, District Agra pending before the Court of Special Judge(POCSO) Act, Court No. 27, District Agra.

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Learned counsel for the applicant submits that first information report has been lodged by opposite party no. 2 against six named accused including the applicants with the allegation that minor daughter of opposite party no. 2 was enticed away by accused Ashok Kumar with the help and assistance of the applicants. He further submitted that the charge sheet has been submitted against Ashok Kumar under section 376 IPC along with other sections while the applicants have been charge sheeted only under sections 147, 323, 504, 506, 120B IPC. From the statement of the victim, it is clear that physical relationship was established by accused Ashok only and there are no negative allegations against the applicant, therefore, no offence under relevant sections is made out. He next submits that accused Ashok has already been released on bail.

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Per contra, learned AGA submits that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482

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Cr.P.C.

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After advancing his arguments at some length, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting that applicants want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure.

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Considering the facts and circumstances of the case, it is hereby provided that if the applicant move an application for discharge before the concerned Court below within two weeks from today along with a certified copy of this order, the same shall be considered and decided in accordance with law by means of a reasoned and speaking order, preferably within a period of two months from the date making of discharge application without granting any adjournment in the matter.

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Until the disposal of application for discharge, if moved by the applicants, no coercive measure shall be taken against the applicants pursuant to the criminal proceedings in question.

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However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as they have come with a bona fide prayer for discharge and if he fails to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law.

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With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of.

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Order Date :- 11.5.2023 Arti

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

Kaluwa Kumar and 4 Others v. State of U.P. and Another

Case brief

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Kaluwa Kumar and 4 Others v. State of U.P. and Another

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