GOVIND RAM SHUKLA @ GOVIND PRASAD v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
NA528/283/2025 · 2025-04-15
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130890 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130890 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21131 Court No. - 16 Case :- APPLICATION U/S 528 BNSS No. - 283 of 2025 Applicant :- Govind Ram Shukla @ Govind Prasad Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Santosh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. List has been revised. No one appears for the applicant. This application under Section 482 Cr.P.C. has been filed to stay the charge-sheet dated 2.12.2024 arising out of Case Crime No. 251 of 2024, under Sections 74, 351(3), 331(4), 115(2) BNS and Section 7/8 POCSO Act, Police Station- Gilaula, District-Shrawasti. It has been pleaded in the afÏdavit and application that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. Certain documents and statements in support of the contention have been referred in the afÏdavit and application. Per contra learned A.G.A. submitted that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. The submissions made by the counsel for the applicant relate to disputed question of
facts, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. The disputed defence of the accused cannot be considered at this stage. The submissions made by learned A.G.A. have force. The prayer for quashing the proceedings and the charge- sheet is refused. With the aforesaid observations, the application is rejected.
Order Date :- 15.4.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench