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2025 DAILYLAW 105197 (ALL)

RAJ VIMAL PATEL AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/36017/2024 · 2025-01-20

Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:11384 Court No. - 76 Case :- APPLICATION U/S 482 No. - 36017 of 2024 Applicant :- Raj Vimal Patel And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sakshi Patel,Shiv Naresh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Learned counsel for the applicants, Shri Shakti Singh, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application has been preferred with the prayer to quash the charge-sheet dated 19.7.2024 u/s 323, 504, 506, 335 IPC & 7/8 of POCSO Act against the applicant no.1, and u/s 323, 504, 506, 325 IPC against applicant nos.2 & 3 and summoning order dated 21.9.2024 as well as entire proceedings of S.S.T. No.221 of 2024 titled State v. Raj Vimal Patel and others, arising out of Case Crime No.165 of 2024, u/s 354, 323, 504, 506 IPC & 7/8 of POCSO Act, Police Station Machhali Shahar, District Jaunpur, pending in the court of learned Additional Sessions Judge/Special Judge (POCSO Act), Jaunpur. 3. Learned counsel for the applicants submits that the applicant no. 2 was in the hospital at the time of the incident as his wife was admitted to Prabhavati Chikitsalay, Jaunpur. It is further submitted that the applicants have been falsely implicated in the case, as there are contradictions in the statements recorded under Sections 161 and 164 Cr.P.C., as well as in the FIR lodged by the victim. It is further argued that no injury has been caused, no specific role has been assigned to the applicants, and therefore, no offence has been committed. Additionally, it is stated that the applicants have no previous criminal history. 4. Learned A.G.A., on the other hand, submits that the applicants, along with the co-accused, barged into the house of the victim. It is alleged that the applicant no.1- Raj Vimal Patel, was caught red- handed molesting the victim in the middle of the night, and the other applicants assaulted the victim's father with fists and kicks. It is also submitted that the victim is a minor, aged about 17 years. 5. In view of the foregoing deliberations, and upon perusal of the records, it appears that the allegations against the applicants are serious in nature and is involved in alleged incident of molestation and assault. The contradictions, if any, in the statements and FIR are matters of evidence that can only be tested during the trial. At this stage, no sufficient ground is made out for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the proceedings. 6. The application under Section 482 Cr.P.C. is devoid of merits, and is accordingly dismissed. Order Date :- 21.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad