Applicant sought quashing of chargesheet in a POCSO case arguing witnesses turned hostile. Court held that witnesses not supporting the prosecution story is no ground to quash proceedings under Section 482 Cr.P.C.; application dismissed as misconceived.
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Neutral Citation No. - 2024:AHC-LKO:79925
Court No. - 13
Case :- APPLICATION U/S 482 No. - 7249 of 2024 Applicant :- Umesh Chaudharee @ Malhoo Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari
Hon'ble Rajeev Singh,J.
parties, going through the contents of application, as well as other relevant documents, it is evident that the merely on the basis that the prosecution witness has not supported the prosecution story, entire criminal proceeding cannot be quashed under Section 482 Cr.P.C. Therefore, the present application is misconceived and liable to be dismissed.
Order Date :- 2.12.2024 V. Sinha
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether criminal proceedings and chargesheet under Sections 376(3), 120-B, 506 IPC and 3/4 POCSO Act can be quashed merely because prosecution witnesses did not support the prosecution version.
5 provisions across 3 enactments
Umesh Chaudharee @ Malhoo
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Others
Rajeev Singh
As recorded by the court registry
7 orders share this CNR
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