Disposed

Nafis v. State of U.P. and Another

Allahabad HC19 Sept 2024A482/31541/2024

Case brief

AI extract

What is this about?

On an application under Section 482 Cr.P.C. challenging rape proceedings, the court noted prima facie contradictions in the complainant's statements. It listed the case for fresh consideration and directed no coercive action against the applicant in the interim.

What did the court decide?

No coercive action against the applicant to be taken till the next date of listing. Case listed for fresh hearing.

Nafis vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 31541 of 2024

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Applicant :- Nafis Opposite Party :- State of U.P. and Another

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned A.G.arising out of A. for opposite party No.1-State.

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Issue notice to opposite party No.2.

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Application under Section 482 Cr.P.C. has been filed challenging proceedings of Sessions Trial No. 643 of 2023 (State of U.P. versus Nafis @ Nafis Khan) arising out of case crime No. 1036 of 2021 under Sections 376, 506 IPC, P.S. Masuri, District Ghaziabad.

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Learned counsel for applicant submits that although allegations of rape have been alleged against the applicant in F.I.R. but there is serious contradiction in her statement recorded under Section 164 Cr.P.C. where the entire sequence of events has undergone a seachange. It is submitted that subsequently in her statement recorded as P.W.1 during course of trial, the informant has completely resiled from not only the first information report but even from her statement under Section 164 Cr.P.C. as per her statement recorded as P.W.1, no offence against the applicant is made out. It is submitted that the informant even otherwise is now not appearing in the proceedings. It is therefore submitted that in view of such serious contradictions, the proceedings are required to be quashed.

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Considering submissions advanced by learned counsel for applicant and perusal of material on record, prima facie case for interference is made out.

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List this case on 12th December, 2024 as fresh before appropriate Court.

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Till next date of listing, no coercive action shall be taken against the applicant in pursuance of proceedings of Sessions Trial No. 643 of 2023 (State of U.P. versus Nafis @ Nafis Khan) arising out of case crime No. 1036 of 2021 under Sections 376, 506 IPC, P.S. Masuri, District Ghaziabad.

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Order Date :- 13.11.2024 Prabhat

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

Nafis v. State of U.P. and Another

Case brief

What is this about?

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Nafis v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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