Disposed

MD Mahboob v. The State of Bihar

Patna HC16 May 2022CR. MISC./34686/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition under Section 482 CrPC seeking quashing of the rejection of a discharge petition in a POCSO case. The court granted liberty to the petitioner to contest age and other allegations at trial without expressing an opinion on merits.

What did the court decide?

Application disposed with liberty to raise issues regarding age determination and infirmities at the trial stage.

MD Mahboob Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34686 of 2021

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Arising Out of PS. Case No.-60 Year-2020 Thana- BARHARA KOTHI District- Purnia

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======================================================

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Md Mahboob aged about 22 years, Son of Md Mazhar @ Majahar Resident of Village- Murballa, P.S.- Barhara Kothi, District- Purnea.

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... ... Petitioner

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Versus

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The State of Bihar

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Babli Praveen, aged about 17 years, female, D/o of Late Md Afroj Resident of Village- Murballa, P.S.- Barhara, District- Purnea.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Ram Prawesh Kumar, Adv. For the Opposite Parties : Mr. Ram Sevak Choudhary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 16-05-2022 The instant petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘ the Code’) has been filed for quashing the order dated 03-04-2021 passed by learned Additional Sessions Judge VII-cum- Special Court (POCSO) Purnea, in connection with Suppl. SPL (POCSO) Case No. 23 of 2020, C.I.S. No. 23 of 2020, arising out of Barhara PS Case No. 60/2020 whereby discharge petition filed by the petitioner under Section 227 of the Code has been rejected.

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After some argument, learned counsel for the petitioner, submits that the petitioner would be seriously contesting the age determination of the alleged victim. It is the petitioner’s case that the alleged victim is not entitled to

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Patna High Court CR. MISC. No.34686 of 2021(2) dt.16-05-2022 2/2

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maintain prosecution under the provisions of the POCSO Act. It is also submitted that there are other infirmities in the allegations inasmuch as no sexual offence whatsoever was committed. The submissions of the petitioner are to be considered factually and based on evidence and, therefore, he submits that he would be raising these issues at the trial at the appropriate stage for its consideration.

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With the liberty, above noted, and without expressing any opinion on merits of the submission, the application is disposed of.

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(Madhuresh Prasad, J)

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shyambihari/-

MD Mahboob v. The State of Bihar

Case brief

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MD Mahboob v. The State of Bihar

Case brief

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