KANHAIYA SONI @ RAJ SONI v. STATE OF U.P. AND 3 OTHERS
A482/44437/2024 · 2025-04-28
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113062 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113062 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67898 Court No. - 74 Case :- APPLICATION U/S 482 No. - 44437 of 2024 Applicant :- Kanhaiya Soni @ Raj Soni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pushpendra Singh 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.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 18.11.2022, cognizance/summoning order dated 21.12.2022 as well as the entire proceedings of Case No.1026 of 2022 (State vs. Kanhaiya Soni @ Raj Soni and Others) arising out of Case Crime No.544 of 2022, under sections 323, 504, 506, 354ga I.P.C. and section 67B of I.T. Act and sections 11/12 POCSO Act, P.S. Kotwali Nagar, District- Banda, pending in the court of learned Special Judge, POCSO Act, Banda.
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 submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned 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 :- 29.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad