Neutral Citation No. - 2025:AHC:107902 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36754 of 2024 Applicant :- Shivaji Shahi And Another Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.,Sharad Chand Rai Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred today by learned counsel for applicants is taken on record. 2. Heard learned counsel for the applicants and learned counsel for opposite party no.2 as well as learned A.G.A. for the State. 3. This application under Section 482 Cr.P.C. has been filed for quashing charge sheet dated 20.10.2023 and summoning order dated 07.05.2024 as well as entire proceeding of Sessions Case No.768 of 2024 (State Vs. Rohit @ Siddharth Shahi and others), arising out of Case Crime No.582 of 2023, under Sections 354, 452, 341, 427, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Ramgarh Taal, District Gorakhpar, pending in the court of learned Special Judge (POCSO Act), Gorakhpur. 4. Brief facts of the present case are that the present FIR was lodged by opposite party no.2 bearing Case Crime No.582 of 2023, under Sections 354, 452, 341, 427, 504, 506 IPC and Section 7/8 POCSO Act implicating the applicants and their son alleging that on dated 16.09.2023 at about 08 AM, when daughter of opposite party no.2 was coming after dropping her younger brother to his school, in the way, son of applicant/co-accused, namely, Rohit touched her with bad intention and when wife of opposite party no.2 went to house of applicants for making compliant, they threatened her and also abused her. On the same day at about 06 PM, son of the applicants entered into the house of opposite no.2 along with his friends and misbehaved with family members of informant and also tried to outrage the modesty of wife opposite party no.2. After lodging of the FIR, inquiry was initiated in shape of recording statements under Section 161 Cr.P.C. Statements of wife and daughter of opposite party no.2 under Section 164 Cr.P.C. were also recorded. After ending the inquiry, the concerned Investigating Officer submitted chargesheet under Sections 354, 452, 341, 427, 504, 506 IPC and Section 7/8 POCSO Act against son of applicant and under Section 504, 506 IPC against applicants herein and against Ashish Rai/co-accused under Sections 427, 504, 506, 452 IPC whereupon learned court concerned took cognizance of offence vide impugned order dated 07.05.2024. 5. Learned counsel for applicants submitted that applicants have falsely been implicated in the present case since they have not committed any offence. Learned counsel for applicants further submitted that neither they have used any abusive words nor they threatened anyone. It has also been submitted by learned counsel for applicants there is no independent witness of the alleged incident and only upon relying the statements recorded during investigation, the concerned Investigating Officer submitted chargesheet under Section 504, 506 IPC without conducting fair investigation whereupon without applying its judicial mind, learned court concerned has taken cognizance offence. Learned counsel for applicant also submitted that applicant no.1 is a retired employee and is suffering from old age diseases and applicant no.2 is his wife. 6. Per contra, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA vehemently opposed the prayer sought through the instant application and rebutted the stands taken up by learned counsel for applicants by way of submitting that applicants had used abusive language to the wife of opposite party no.2 and also threatened her and as such, no relief can be granted to them. It has also been submitted by learned counsel for opposite party no.2 that applicant no.1 is having criminal history of two cases related to Dehradun but did not dispute the fact that in one case, applicant no.2 is on bail and in the second case, interim protection had granted to him. 7. After having rival submissions extended by learned counsel for parties and perusal of the material available on record, considering the fact that no specific role has been assigned to applicant no.2 and only general allegations have been levelled against her, charge sheet dated 20.10.2023 and summoning order dated 07.05.2024 as well as entire proceeding of Sessions Case No.768 of 2024 (State Vs. Rohit @ Siddharth Shahi and others), arising out of Case Crime No.582 of 2023, under Sections 354, 452, 341, 427, 504, 506 IPC and Section 7/8 POCSO Act, P.S. Ramgarh Taal, District Gorakhpar, pending in the court of learned Special Judge (POCSO Act), Gorakhpur, is hereby quashed qua to the applicant no.2. 8. In sofar as applicant no.1 is concerned, no such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside but at the same time, considering the age as well as the diseases by which he is suffering from, applicant no.1 will be at liberty to appear through his counsel to face trial before learned trial court concerned. 9. However, it is made clear that as and when, presence of applicant no.1 will be necessary before learned trial court concerned, he shall appear personally. 10. Accordingly, the instant application is allowed in part. Order Date :- 8.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad