MATA PRASAD PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2986/2025 · 2025-04-15
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20902 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2986 of 2025 Applicant :- Mata Prasad Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicants and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 18.3.2025 passed by the Special Judge (POCSO Act) / Additional Sessions Judge, Court No.12, Sultanpur in Sessions Trial No. 1680/2023 arising out of Case Crime No. 161/2023 under Section 341, 302, 120-B IPC, P.S. Kudwar, District Sultanpur. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. 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. A reading of the contents of the order shows that the applicant has been continuously seeking adjournments and thereby delaying the process of trial and framing of charges. The charges levelled against the applicant are serious in nature. The submissions made by learned A.G.A. have force. The prayer for quashing the proceedings is refused. With the aforesaid observations, the application is rejected. Order Date :- 15.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench