Disposed

Abhishek Kumar v. State of Up and 3 Others

Allahabad HC2 Jan 2025A482/30609/2024

Case brief

AI extract

What is this about?

A charge-sheeted accused sought quashing of POCSO trial proceedings and the charge-sheet under Section 482 CrPC. The State objected that the Section 227 discharge remedy had not been availed. The court disposed of the application, directing the applicant to file a discharge application within two weeks, to be decided in two months, staying further proceedings meanwhile.

What the court decided

AI extract

Abhishek Kumar vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:8984

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 30609 of 2024

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Applicant :- Abhishek Kumar Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Joveen Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Joveen Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1

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Perused the record.

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Applicant- Abhishek Kumar, who is a charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:

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" It is therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the entire criminal proceeding of Special Trial No. 220 of 2023 (State Versus Abhishek Bhartiya @ Bhuwar) arising out of Case Crime No. 429 of 2021 under section 363, 366, 376 I.P.C. and 5/6 POCSO Act, Police Station Jhunsi, District Prayagraj pending in the court of Special Judge/POCSO-I Allahabad as well as charge-sheet dated 03.08.2022 alongwith summoning order dated 04.08.2023.

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It is further prayed that during the pendency of the instant application before this Hon'ble Court further proceeding of Special Trial No. 220 of 2023 (State Versus Abhishek Bhartiya @ Bhuwar) arising out of Case Crime No. 429 of 2021 under section 363, 366, 376 I.P.C. and 5/6 POCSO Act, Police Station Jhunsi, District Prayagraj, pending before the learned Special Judge/POCSO-I, Allahabad may kindly be stayed, otherwise the applicant shall suffer an irreparable loss and injury

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And/or may pass such other and further order which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case"

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On the matter being taken up, the learned A.G.A. submits

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that notice of present application has been served upon first informant/opposite party-2 on 13.01.2025. However, in spite of service on notice, neither any counter affidavit has been filed by first informant/opposite party-2 nor anyone has put in appearance on his behalf to oppose this application.

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At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the statutory remedy available under Section 227 Cr.P.C. Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 482 Cr.P.C.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record this court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicant in support of this application can very well be examined by court below meticulously at the time of deciding the discharge application as court below has the advantage of having the original record.

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Accordingly this application is disposed of finally with a direction to the applicant to approach court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned

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and speaking order within a period of two months thereafter, provided there is no other legal impediment.

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It goes without saying that till the disposal of discharge application as directed above, court below shall not proceed further with the matter.

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Order Date :- 20.1.2025 YK

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

Abhishek Kumar v. State of Up and 3 Others

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Abhishek Kumar v. State of Up and 3 Others

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