Karan Gautam and Another v. State of U.P and Another
Case brief
What is this about?
The High Court rejected an application under Section 482 CrPC to quash proceedings for kidnapping and related offences. The Court found a categorical case of abduction and precluded an immediate examination of juvenile defences, allowing bail applications only if surrendered within ten days.
What did the court decide?
Application for quashment declined. Bail to be considered expeditiously upon surrender within ten days.
What the court decided
Neutral Citation No. - 2023:AHC:112930
Court No. - 64
Case :- APPLICATION U/S 482 No. - 19075 of 2023
Applicant :- Karan Gautam And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application under Section 482 of the Code of Criminal Procedure, 1973 ('Code' for short) seeking to quash the entire proceedings of Criminal Case No. 1 of 2023, State v. A.K. and others (arising out of Case Crime No. 550 of 2022) under Sections 363, 366, 504, 506 of the Indian Penal Code, 1860, Police Station Sarain Lakhansi, District Mau, pending in the Court of the Juvenile Justice Board, Mau.
There is an allegation of kidnapping the minor prosecutrix and depriving her of her earrings. The kidnapping was effected after making the prosecutrix smell something stupefying/deleterious, which made her lose consciousness. Learned Counsel for the applicants submits that the applicants have been implicated mala fide . It is also argued that all the applicants are themselves juveniles and there is absolutely no basis for them to be involved in the present crime.
The learned A.G.A. has opposed the motion to admit this application to hearing.
Issues for consideration
2 issues framed by the court
Whether the application under Section 482 CrPC seeking to quash proceedings for abduction should be allowed.
Whether the court can examine the disputed defence of juvenile implicates in malafide charges at this stage.
Parties & counsel
- applicant
Karan Gautam And Another
Coram
Ishan Batabyal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- A482/19075/2023
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