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2025 DAILYLAW 107788 (ALL)

JANG BAHADUR v. STATE OF U.P. AND 3 OTHERS

A482/39389/2024 · 2025-07-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110971 Court No. - 77 Case :- APPLICATION U/S 482 No. - 39389 of 2024 Applicant :- Jang Bahadur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. Even after service of notice, none appeared on behalf of opposite party no.2. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 07.01.2024 and cognizance/summoning order dated 10.09.2024 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Bareilly as well as the entire proceedings of Criminal Case No.79 of 2024 (State vs. Jang Bahadur) arising out of Case Crime No.0123 of 2023, under section 354A I.P.C. and sections 9/10 of POCSO Act, 2012, P.S. G.R.P. Bareilly Junction, District- G.R.P. Anubhag Moradabad. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; 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 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 :- 10.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad