This court disposed of an application filed to quash a charge sheet arising under Sections 354, 504, 506 IPC and POCSO. The applicant argued that the complainant was a major girl and the relationship was consensual. The court noted that objections can be raised at the appropriate stage of trial and disposed of the application.
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Court No. - 71
Case :- APPLICATION U/S 482 No. - 8695 of 2023
Applicant :- Abdul Samad Opposite Party :- State Of U.P And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicant Abdul Samad, with the prayer to quash charge sheet no. 422 of 2021, dated 4.12.2021 State vs. Abdul Samad, arising out of Case Crime No. 446 of 2021, under Sections 354, 504, 506 I.P.C. and 7/8 Protection of Children from Sexual Offence Act, 2012, P.S.- Amroha Nagar, District Amroha pending in the court of Additional District and Sessions Judge/Special Judge, POCSO Act, 1st, Amroha and with the further prayer to stay the further proceedings of the said case, during pendency of the present application.
Learned counsel for the applicant argued that the opposite party no. 2 is a major girl as per High School Marks Sheet. It is further argued that there was love affair between the applicant and the opposite party no. 2 and there were various chats on the mobile phone which would prove the same. It is argued that the applicant is on bail and he may be permitted to raise all the objections available to him before the trial court at the appropriate stage of trial for which the trial court may be directed to consider the same.
It is needless to state that the applicant can always take up his case and raise objections at the appropriate stage of trial which may be considered by the trial court at the appropriate stage.
The present application is disposed of.
(Samit Gopal,J.)
Order Date :- 15.3.2023/Naresh
Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the charge sheet based on allegations of sexual assault under IPC and POCSO should be quashed.
3 provisions across 3 enactments
Abdul Samad
State Of U.P
Samit Gopal
NARESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
