Disposed

Naresh Kumar @ Nirvesh v. State of U.P. and Another

Allahabad HC11 Jan 2023A482/24958/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. challenging charge sheet and proceedings in a POCSO case, directing the applicant to seek discharge before the Court below with a specified timeline.

What did the court decide?

Application disposed of; Applicant directed to seek discharge under Section 227 Cr.P.C. before Court below within two weeks.

Naresh Kumar @ Nirvesh Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 24958 of 2022

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Applicant :- Naresh Kumar @ Nirvesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mandeep Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Mandeep Singh, the learned counsel for applicant and learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed challenging charge sheet dated 26.01.2018 submitted in Case Crime No. 622 of 2021, under Sections 354 IPC and Section 8 POCSO Act, P.S. Dibai, District Bulandshahr, the Cognizance Taking Order/Summoning Order dated 21.3.2022 passed by Additional District and Sessions Judge/Special Judge, POCSO Act, in Special Sessions Trial No. 2144 of 2022 (State Vs. Nasresh Kumar alias Nirvesh), under Section 354 IPC and Section 8 POCSO Act, P.S. Dibai, District Bulandshahr, as well as the entire proceedings of aforementioned Special Sessions Trial, now pending in the Court of Additional District and Sessions Judge/Special Judge, POCSO Act, Bulandshahr.

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Learned counsel for applicant submits that present criminal proceedings are not only malicious but also an abuse of the process of the Court. He has invited the attention of Court to the statements of the prosecutrix as recorded under Sections 161/164 Cr. P. C. as well as counsellor's report. On the basis of above, he submits that when the aforesaid statements of the prosecutrix are taken as a whole, they cannot be classified as impeccable piece of evidence for implicating the applicant for an offence under Section 8 of the POCSO Act. It is thus contended that there is no evidence for implicating the applicant for an offence under Section 8 of the POCSO Act. On the above premise, he submits that the entire proceedings of aforementioned Special Sessions Trial are liable to be quashed by this Court.

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Per contra, the learned A.G.A. has opposed the present application. He submits that the issue as to whether on the basis of material on record an offence under Section 8 of the POCSO Act is made out or not can be considered by Court below as entire material collected by Investigating Officer during course of investigation shall be available.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending.

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Accordingly, this application is disposed of finally with a direction to applicant to approach Court below to seek discharge in terms of Section 227 Cr. P. C. within a period of two weeks from today. In case, such a discharge application is filed by applicant before Court below within a period of two weeks from today along with a certified copy of this order, Court below shall decide the same by a reasoned and speaking order within two months thereafter.

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It goes without saying that Court below shall proceed against applicant only after disposal of the application for discharge.

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Order Date :- 11.1.2023 HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Naresh Kumar @ Nirvesh v. State of U.P. and Another

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Naresh Kumar @ Nirvesh v. State of U.P. and Another

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