Allowed

Rajkumar v. State of U.P. and 5 Others

Allahabad HC10 Jul 2024A482/21851/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of a non-bailable warrant and chargesheet in a POCSO and IPC section 354 case. Examining the case diary and the victim's statement, the court found the prosecution malicious, no offence prima facie made out, and quashed the warrant and chargesheet.

What the court decided

AI extract

Rajkumar vs State of U.P. and 5 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132325

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 21851 of 2024

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Applicant :- Rajkumar Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Mohd Adil,Shahbaz Khan Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Compliance affidavit filed by learned A.G.A. is taken on record.

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The instant application has been preferred with the prayer to quash the non-bailable warrant dated 3.3.2022, and the chargesheet dated 18.11.2016, arising out of Case Crime No.336 of 2016 under sections 354 IPC and section 7/8 of POCSO Act, Police Station Bhelupur, District Varanasi.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case due to ulterior motive; the entire prosecution case is based on concocted story and false allegation are levelled; the victim and her mother was the applicant's tenant and to avoid to give rent to the applicant, the informant slapped a false case on the applicant; the Investigating Officer has not properly conducted the investigation and has wrongly submitted the charge-sheet against the applicant under section 354 IPC & section 7/8 of POCSO Act without got recording the statement of victim u/s 164 Cr.P.C. He further submits that the instant case is nothing but an abuse of

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process of law, therefore, the entire criminal proceedings is liable to be quashed.

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An explanation was called from the I.O. concerned as to why he has not taken the victim to the court for recording her statement u/s 164 Cr.P.C. The I.O. by way of affidavit states that the victim left the place of residence soon after registration of the FIR and she could not be contacted despite concerted efforts by the police.

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I have considered the submissions advanced by learned counsel for the parties, and have gone through the entire record.

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On examination of the record, and keeping in view the Case Diary, and particularly the statement of the victim recorded under section 161 Cr.P.C., prima facie, it's observed that this is a malicious prosecution launched against the applicant, therefore, no offence is made out against the applicant under section 354 IPC and section 7/8 of POCSO Act, and no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.

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In such circumstances, the entire proceedings of the nonbailable warrant dated 3.3.2022, and the charge-sheet dated 18.11.2016, arising out of Case Crime No.336 of 2016 under sections 354 IPC and section 7/8 of POCSO Act, Police Station Bhelupur, District Varanasi, pending in the court of Special Judge (POCSO)/Additional Sessions Judge, Court No.5, Varanasi, against the applicant, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 13.8.2024

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Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Rajkumar v. State of U.P. and 5 Others

Case brief

What is this about?

What the court decided

Rajkumar v. State of U.P. and 5 Others

Case brief

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What the court decided

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