Dismissed

Ankit Sharma v. State of Up and Another

Allahabad HC27 Nov 2024A482/33775/2024

Case brief

AI extract

What is this about?

The applicant challenged the cognizance order in a rape case alleging contradictions in the victim's statements and claiming consensual relations. The court held that such contradictions are for the trial court to consider during evidence and dismissed the application under Section 482 Cr.P.C.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed as it was found to be devoid of merit.

Ankit Sharma vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:185877

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 33775 of 2024

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Applicant :- Ankit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the applicant and learned A.G.A. for the opposite party no. 1 State.

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In view of order being passed, notice to opposite party No.2 stands dispensed with.

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Application under Section 482 Cr.P.C. has been filed challenging the chargesheet dated 28.09.2022, cognizance order dated 04.10.2022 as well as entire proceedings of Case No. 29481 of 2022 (State versus Ankit Sharma) arising out of Case Crime No. 427 of 2022 registered under Sections 376 and 506 I.P.C. Police Station-Civil Lines, District-Prayagraj pending in the court of Fast Track Court First, Allahabad.

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Learned counsel for the applicant submits that the first information report was lodged under Section 376-D and 506 I.P.C. with the allegation of rape having being committed upon the daughter of the informant on 04.08.2022 in which the applicant was also one of the participants. He has thereafter drawn attention to the statement of alleged victim under Sections 161 and 164 Cr.P.C. to submit that there is contradiction in the statement made in the first information report particularly with regard to gang rape. It is submitted that in fact, the applicant and the victim were in a consensual adult relations and the statements have been given by the victim only on the pressure of the family.

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Learned A.G.A. has opposed the application with submission that stage of taking cognizance, only prima facie satisfaction is required to be recorded by the Court concerned, which is available as per statements of the victim herself.

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Upon perusal of submissions advanced by learned counsel for parties and material on record although there may be some minor

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discrepancy between the statements of victim and the contents of first information report, but the allegations under Section 376 I.P.C. appears to have been made in the statement of the victims also. However, the aspect with regard to contradiction would be required to be considered by the trial court after considering evidence.

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It has been submitted that statement of P.W. 1 has already commenced and is ongoing.

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In view of aforesaid discussion, this Court does not find any occasion to interfere with the cognizance taken against the applicant. The application under Section 482 Cr.P.C. is devoid of merit and is accordingly dismissed.

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Order Date :- 27.11.2024 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad

Ankit Sharma v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Ankit Sharma v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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