The Allahabad High Court disposed of an application under Section 482 Cr.P.C. seeking to quash POCSO proceedings. The applicant submitted a victim's marksheet showing major status, but the court held this evidence was not on record to support the quashing ground, as the applicant still had the opportunity to produce it during trial.
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Neutral Citation No. - 2024:AHC:168914
Court No. - 79
Case :- APPLICATION U/S 482 No. - 26458 of 2024
Applicant :- Pushpendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Byas Kumar Prasad,Pradeep Kumar Keshri Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
to proceed further.
Order Date :- 23.10.2024 S.Chaurasia
Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash proceedings under the POCSO Act solely on the basis of a marksheet not yet admitted as evidence in the trial court.
Whether the trial court committed an illegality in rejecting the quashing application without considering the admissible evidence of the victim's age.
1 provisions across 1 enactments
Pushpendra Kumar
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
