Dismissed

Angad Chauhan and Another v. State of U.P. and 3 Others

Allahabad HC12 Jan 2023A482/39268/2022

Case brief

AI extract

What is this about?

The High Court rejected an application under Section 482 Cr.P.C. to quash criminal proceedings for alleged offences against a minor, finding prima facie offence disclosed. The court directed that a bail application be heard if applicants appear within three weeks.

What did the court decide?

Prayer for quashing proceedings refused; bail application to be heard if filed within three weeks.

Angad Chauhan and Another Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Court No. - 65

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Case :- APPLICATION U/S 482 No. - 39268 of 2022

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Applicant :- Angad Chauhan And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Bhushan Singh 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 18.10.2022 as well as entire criminal proceedings of Case No. 7 of 2022 (Bechan Chauhan vs. Angad Chauhan and another), under Section 354 IPC and 7/8 of POCSO Act, District- Mau, pending in the court of Special Judge (POCSO Act), Court No. 1/ Addl. Sessions Judge, Mau.

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As per the allegation made in the complaint and the statement of the witnesses recorded under Sections 200 and 202 Cr.P.C., it is alleged that the victim is a minor girl aged about 14 years on 21.1.2022 when she had gone to fetch water, the applicants committed indecent act with her and on raising alarm when her brother came to rescue her, the applicants started hurling abuses and also assaulted her brother- Vijay Pratap and extended death threats to him. On account assault made by the applicant, the victim suffered injuries.

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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 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

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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 :- 12.1.2023 KU

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

Angad Chauhan and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Angad Chauhan and Another 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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