Arvind Kumar v. State of U.P. and Another
Case brief
What is this about?
In this Section 482 CrPC application, the High Court of Judicature at Allahabad rejected the plea to quash the impugned order dated 2.12.2022 in a POCSO case. The Court found no illegality, impropriety, or abuse of process, stating the order cannot be interfered with.
What did the court decide?
Prayer for quashing of the impugned order is refused and the application is rejected.
What the court decided
Court No. - 92
Case :- APPLICATION U/S 482 No. - 41980 of 2022
Applicant :- Arvind Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned order dated 2.12.2022 passed by Additional District and Sessions Judge/Special Judge Exclusive Court, POCSO Act, Meerut in S.T No.02 of 2014 (State of U.P. Vs. Arvind and others), arising out of Case Crime No.662 of 2013, under Sections 323, 504, 506, 328, 376, 376-D I.P.C., and Section 7/8 of P.O.C.S.O. Act, Police Station Partapur, District Meerut.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no substance in the present application and there is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
Accordingly, the application stands rejected.
Order Date :- 27.1.2023 P.S.Parihar
Issues for consideration
3 issues framed by the court
Whether the impugned order in ST No.02 of 2014 deserves to be quashed under Section 482 CrPC?
Whether there is any illegality, impropriety or abuse of court's process in the impugned order?
Whether there is substance in the application to interfere with the impugned order?
Parties & counsel
- applicant
Arvind Kumar
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/41980/2022
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