Dismissed

Gorakh Alias Vishal Yadav v. State of U.P. and 3 Others

Allahabad HC11 Dec 2024A482/42604/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashment of proceedings in a POCSO-related case. The court held that facts and credibility of the victim's statement were to be ascertained by the trial court and no case for quashment based on malafides was made out.

What the court decided

AI extract

Gorakh Alias Vishal Yadav vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:194506

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 42604 of 2024

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Applicant :- Gorakh Alias Vishal Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Kumar Rai,Shambhavi Nandan 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 charge sheet dated 20.01.2022 and cognizance order dated 18.08.2022, passed by the Additional Sessions Judge/Special Judge (POCSO), Azamgarh in Special Session Trial No.182 of 2022, arising out of Case Crime No.297 of 2021, under Sections 323, 354, 504, 506, 34 IPC and Section 7/8 of Prevention of Children from Sexual Offences Act, P.S. Mehnagar, District Azamgarh.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case with an ulterior motive. Neither any role has been assigned to the applicant in the FIR nor in the statement of the victim, recorded under Section 164 Cr.P.C. There is neither any injury nor any inculpatory statement made by the victim against the applicant. The applicant has been falsely arrayed as an accused because they are the residents of the same village.

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Per contra , learned A.G.A. has opposed the application and submitted that from a perusal of the contents of FIR and statement

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of the victim recorded under Section 164 Cr.P.C., it is evident that six persons, including the applicant, has obstructed the way of the victim while she was coming to her home along with her cousin, they caught hold her hand outraged her modesty, gave beatings and torn her clothes and used filthy language to the victim.

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After hearing learned counsel for the applicant, learned A.G.A. for the State and have gone through the statement of the victim, recorded under Section 161 and 164 Cr.P.C, its prima facie observed that the victim had made clear allegations of outraging modesty against the applicant, which satisfies the provisions of Sections 323, 354, 504, 506, 34 IPC and Section 3/4 of Prevention of Children from Sexual Offences Act. Therefore, no case for quashing of impugned proceedings is made out.

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So far as 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 the exercise of powers u/s 482 Cr.P.C.

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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 :- 11.12.2024 A. Tripathi

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

Gorakh Alias Vishal Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

Gorakh Alias Vishal Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What the court decided

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