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2025 DAILYLAW 124585 (ALL)

PREMCHAND @ PREMCHANDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS

A482/1574/2025 · 2025-02-19

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10829 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1574 of 2025 Applicant :- Premchand @ Premchandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State. Notice to respondent no. 2 to 4 are dispensed with in view of the proposed order. By this petition, the petitioner has prayed for the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned summoning order dated 13/12/2024 passed by Learned Special Judge (POCSO Act)/Additional Sessions Judge. (Room No:12), Sultanpur in Complaint Case No:09/2024, "Dinesh Vs. Prem Chandra "IN F.I.R No: 0191 of 2023 u/s 376-D,504,506 I.P.C., % of POCSO Act,2012 and section 3(2), (v) of SC/ST Act police station Kadipur District-Sultanpur next date is 0363/2025, and as contained in Annexure-1 to this Petition/Application." Learned counsel for the petitioner submits that there are infirmities and inconsistencies in the prosecution case. It has been further submitted that the applicant belongs to scheduled caste and therefore, he could not have been summoned under SC/ST Act. Perused the record so also the statement of the victim recorded under Section 202 Cr.P.C. Prima facie commission of cognizable offence is made out from the plain reading of the complaint as well as statement of the complainant and the victim. There appears to be no illegality in the order impugned. Accordingly, the prayer for quashing of the impugned proceeding is refused, however, in case, the petitioner moves an appropriate application for discharge through counsel before the concerned Court below within a period of fifteen days from today, the same shall be considered and decided expeditiously, preferably within a period of two months in accordance with law, by the concerned trial court. The petition is disposed of. Order Date :- 19.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench