Dismissed

Gore @ Yogesh and 4 Others v. State of U.P. and 3 Others

Allahabad HC16 Jan 2023A482/23688/2022

Case brief

AI extract

What is this about?

The applicant sought to quash summons and proceedings in a case involving sexual assault and POCSO offences, alleging malafide intent. The Single Judge held that prima facie offences were disclosed and refused to quash, granting leave to apply for bail subsequently.

What did the court decide?

The prayer for quashing the criminal proceedings was refused; applicants allowed to apply for bail through separate proceedings after three weeks.

Gore @ Yogesh and 4 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 23688 of 2022

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Applicant :- Gore @ Yogesh And 4 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, 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 applicants with the prayer to quash the summoning order dated 15.7.2022 as well as further proceedings of Special Case No. 469 of 2022 (Shashikala vs. Gore @ Yogesh and others) arising out of Complaint Case No. 378 of 2022, under Sections 354-B, 504, 506 IPC and 7/8 of POCSO Act, P.S. Auraiya, DistrictAuraiya, pending in the court of Special Judge (POCSO Act), Auraiya.

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As per the allegations made in the application u/s 156 (3) Cr.P.C., it is alleged that on 15.5.2022 at about 7 p.m., while the victim alongwith her sister was going to answer the call of nature, the applicant Nos. 1, 2 and 3 held her by her hand and tried to drag her in the field and started misbehaving with her and disrobed her and when the complainant had reached to rescue her, they also started misbehaving with her and threatened to abduct them. It is further alleged that when opposite party No. 2 alongwith her family members had gone to reproach them at their house, the applicants chased them and forcibly entered in her house and abused them and further assaulted them with kicks and fists and extended death threats to them.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the applicants and the present case has been instituted with a malafide intention for the purpose of harassment, as such, the entire criminal proceedings be quashed.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, the entire criminal

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proceedings cannot be quashed.

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Having considered the rival submissions made by learned counsel for the parties and from the perusal of the allegations made in the complaint and the statement of the witnesses and material collected during the course of inquiry prima facie, offence is clearly disclosed against the applicants.

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At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the entire criminal proceedings is refused.

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However, in case the applicants appear before the court below within three weeks from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 16.1.2023 KU

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Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad

Gore @ Yogesh and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gore @ Yogesh and 4 Others 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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