The High Court dismissed an unpressed application under Section 482 Cr.P.C. seeking quashing of a POCSO charge sheet and cognizance order without substantive adjudication.
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Neutral Citation No. - 2024:AHC:154497
Court No. - 78
Case :- APPLICATION U/S 482 No. - 4124 of 2024
Applicant :- Gulshan Kumar Dubey @ Pushpesh Kumar Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- Devottam Pandey,G.A.,Kshitij Tiwari
Hon'ble Sanjay Kumar Pachori,J.
Sri Sandeep Pandey, learned counsel for the applicant and learned counsel for the counsel for the Opposite Party No.2 as well as learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the charge sheet dated 16.10.2023 as well as cognizance/summoning order dated 5.1.2024 passed by Additional Sessions Judge / Special Judge (POCSO Act), in Case No. 351 of 2024 (State v. Gulsen Kumar Dubey) @ Pushpendra Kumar), arising out of Case Crime No. 557 of 2023, under Sections 376, 506 of IPC and Section 5/6 of POCSO Act and Section 3(2)(v) of SC/ST (P.A) Act, 1989 (Amendment), Police Station Shahpur, District Gorakhpur, pending in the Court of Special Judge (POCSO Act), Court No.1, Gorakhpur.
After some arguments, learned counsel for the applicant does not want to press the present application.
In view of above, the present application u/s 482 Cr.P.C. is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same.
Order Date :- 21.9.2024 Akram
Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad
1 provisions across 1 enactments
Gulshan Kumar Dubey @ Pushpesh Kumar
State Of Up
Sanjay Kumar Pachori
As recorded by the court registry
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