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Neutral Citation No. - 2025:AHC:36849 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7955 of 2025 Applicant :- Raghuveer Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- M J Akhtar,Shahzad Alam Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 08.11.2024, the cognizance order dated 26.11.2024, and the order dated 07.01.2025, whereby the discharge application of the applicant was rejected. The applicant has also sought to quash the entire proceedings of Criminal Case No. 2175 of 2024 titled State v. Raghuveer Singh, arising out of Case Crime No. 467 of 2022, under Section 74 of BNS and Section 10 of the POCSO Act, Police Station Seohara, District Bijnor.
2. Learned counsel for the applicant has sought an adjournment on the ground that the arguing counsel is not available. However, considering the gravity of the matter and to avoid unnecessary delay, the application has been heard with the assistance of the learned A.G.A.
3. Learned A.G.A. has vehemently opposed the application and invited the attention of the Court to the statement recorded under Section 183 of the BNSS.
4. Upon careful perusal of the statement recorded under Section 183 of the BNSS , it is revealed that the applicant is a habitual offender and has been involved in similar offenses on previous
occasions. The facts and circumstances of the case clearly indicate that the applicant has misused the process of the Court. Prima- facie, ingredients of sections 74 of BNS and Section 10 of the POCSO Act are made out on a plain reading of statement of the victim recorded by the learned Magistrate, under section 183 of BNSS.
5. The inherent jurisdiction under Section 482 Cr.P.C. is to be exercised with caution and only to prevent the abuse of the process of law or to secure the ends of justice. In the present case, no ground has been made out to quash the proceedings, as prima facie there is sufficient evidence to proceed with the trial.
6. In view of the above, the application, being devoid of merit, is hereby dismissed. Order Date :- 11.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad