Dismissed

Umesh Chaudharee @ Malhoo v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC2 Dec 2024/7249/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings: dismissed. The learned Judge held that the mere fact that prosecution witnesses have not supported the prosecution version is insufficient to quash the criminal proceeding. The application was found to be misconceived and liable to be dismissed.

What the court decided

AI extract

Umesh Chaudharee @ Malhoo Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:79925

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7249 of 2024 Applicant :- Umesh Chaudharee @ Malhoo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.

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The present application has been filed with the prayer to quash the proceeding of Case Crime No. 49/2021, 'State Vs. Umesh Chaudharee @ Malhoo and Chargesheet dated 11.05.2021, under Sections, 376(3), 120-B, 506 I.P.C. & U/S 3/4 POCSO Act 2012, Police Station - Malipur, District - Ambedkar Nagar pending before Special Judge, POCSO Act, District- Ambedkar Nagar.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the investigation was conducted in the most mechanical manner, thereafter, charge sheet was submitted. After framing charge, six witnesses have been examined and not even a single witness has supported the prosecution version, therefore, there is no possibility of conviction. In such circumstances, proceeding against the applicant may be quashed.

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Learned Counsel for the complainant also supports the submission of learned counsel for the applicant fact and submits that he has no objection, in case, the proceedings against the applicant are quashed.

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Learned AGA vehemently opposes the prayer of applicant and submits that if the witness has not supported the prosecution version, even then, trial court can pass judgement for conviction. Therefore, merely on the basis of this fact that the prosecution witness has not supported the prosecution version, entire proceeding cannot be quashed under Section 482 Cr.P.C.

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Considering the submissions of learned counsel for the

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parties, going through the contents of application, as well as other relevant documents, it is evident that the merely on the basis that the prosecution witness has not supported the prosecution story, entire criminal proceeding cannot be quashed under Section 482 Cr.P.C. Therefore, the present application is misconceived and liable to be dismissed.

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Accordingly, the present application is hereby dismissed.

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Order Date :- 2.12.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Umesh Chaudharee @ Malhoo v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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What the court decided

Umesh Chaudharee @ Malhoo v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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