RAKESH @ RAKESH SINGH AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
A482/3095/2025 · 2025-04-15
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133027 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133027 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21180
Court No. - 16 Case :- APPLICATION U/S 482 No. - 3095 of 2025 Applicant :- Rakesh @ Rakesh Singh And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- Satyendra Kumar Tiwari,Akhilesh Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant and learned A.G.A. This application under Section 482 Cr.P.C. has been filed to quash the impugned charge-sheet bearing No. 01 of 2024 dated 12.7.2024 arising out of Case Crime No. 69 of 2024, under Sections 323, 504, 506, 452, 354(kha) I.P.C. and 7/8 POCSO Act, Police Station-Auras, District-Unnao. The contention of the counsel for the applicants is that no offence against the applicants 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. 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