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2025 DAILYLAW 106429 (ALL)

BHARAT v. STATE OF U.P. AND 3 OTHERS

A482/41425/2024 · 2025-07-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119946 Court No. - 77 Case :- APPLICATION U/S 482 No. - 41425 of 2024 Applicant :- Bharat Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Prakash Prasad,Pushkar Nath Tripathi Counsel for Opposite Party :- G.A.,Raj Nath Bhakta Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Raj Nath Bhakta, learned counsel for opposite party no.2. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 22.06.2024, cognizance/summoning order dated 26.07.2024 as well as the entire proceedings of Special Session Trial No.1206 of 2024 (State vs. Bharat) arising out of Case Crime No.102 of 2024, under section 354ka I.P.C. and sections 7/8 of POCSO Act, P.S. Ghazipur, District- Fatehpur, pending in the court of learned Exclusive Court, Additional Session Judge/Special POCSO Act, Fatehpur. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record and considering the same, the applicant has already been bailed out; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that there is cross-case in the instant matter and the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 22.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad