Dismissed

Ram Gyash Alias Ram Kyash v. State of U.P.and 3 Others

Allahabad HC18 Nov 2024A482/25033/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a summoning order in a POCSO case. The court held that the facts involved adjudication of evidence regarding allegations of outraging modesty and beating, which required trial court determination. No case for quashing was made out.

What did the court decide?

The application under Section 482 Cr.P.C. for quashing of the summoning order was dismissed.

Ram Gyash Alias Ram Kyash vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:180194

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 25033 of 2024

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Applicant :- Ram Gyash Alias Ram Kyash Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Bhaju Ram Pprasad Sharma 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 material on record.

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The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 18.09.2023, in S.T. No.1047 of 2023, titled State v. Ram Kayas and others, arising out of case crime no. 274 of 2023, under Sections 147, 323, 354-A, 354-B, 504, 506, 308 IPC and Section 7/8 POCSO Act, registered at P.S. Shyam Deurwa, District Maharajganj, pending before the Special Judge Exclusive Court, POCSO Act, Maharajganj.

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Learned counsel for the applicant submits that there are general allegations against all the accused persons. There is no material on record to justify the ingredients of Sections 147, 323, 354-A, 354B, 504, 506, 308 IPC and Section 7/8 POCSO Act. Learned counsel further submits that the applicant has been falsely implicated for ulterior reasons.

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Per contra , learned A.G.A. has drawn the attention of the Court to the statement of the victim, recorded under Section 164 Cr.P.C., wherein there are specific allegations of outraging the modesty, beating and threatening the complainant's party against the applicant. Immediately after the incident, the complainant's party

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was also assaulted by the applicant; the copy of the injury report has been annexed as Annexure 2 to the application.

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In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this Court in exercise of powers u/s 482 Cr.P.C.

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After hearing learned counsel for the applicant and having gone through the material on record, its prima facie observed that the victim (minor), aged about 14 years, in her statement, recorded under Section 161 and 164 Cr.P.C., has made specific allegations of outraging modesty, beating of the complainant and threatening them, against the applicant, which satisfies the ingredients of Section 147, 323, 354-A, 354-B, 504, 506, 308 IPC and Section 7/8 POCSO Act. The copy of the injury report of the complainant's party has been annexed as Annexure-2 to the application. Therefore, no case for quashing of impugned proceedings is made out.

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The application u/s 482 Cr.P.C. is devoid of merit, and it is

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accordingly dismissed .

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Justice Vinod Diwakar

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Order Date :- 18.11.2024 A. Tripathi

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Ram Gyash Alias Ram Kyash v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Gyash Alias Ram Kyash 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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