BANTI BABU ALIAS BANTI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
NA528/6648/2025 · 2025-02-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23895 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23895 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:29057 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6648 of 2025 Applicant :- Banti Babu Alias Banti And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate (A.G.A.) for the State-respondent, and perused the record.
2. The present application under Section 482 of Cr.P.C., has been filed seeking quashing of the cognizance order dated 14.02.2025, passed by the learned Special Judge (POCSO Act), Mainpuri, as well as the entire proceedings of Sessions Trial No. 36 of 2025, titled State v. Banti & Others, arising out of Crime No. 349 of 2024, under Section 76 of B.N.S. and Sections 7/8 of POCSO Act, Police Station Karhal, District Mainpuri, pending before the learned Special Judge (POCSO Act), Mainpuri.
3. Learned counsel for the applicants contends that the applicants have been falsely implicated due to a pre-existing land dispute with the father of the victim. It is further submitted that the FIR was lodged after an inordinate delay of two months from the date of the alleged incident, and the delay has not been explained by the prosecution. The police have filed the charge sheet against the applicants without conducting fair investigation, and subsequently, the learned Magistrate has taken cognizance on the charge sheet in a mechanical manner without application of judicial mind, therefore, the entire proceedings are vitiated under law.
4. Learned A.G.A., opposing the application, has drawn the attention of the Court to the statement of the victim recorded under Section 164 Cr.P.C., wherein specific allegations have been made against the applicants, particularly that they caught hold of the victim's hand and outraged her modesty. It is also pointed out that the victim is a minor, aged about 15 years, and a student of Class 7, thereby attracting the provisions of the POCSO Act.
5. After hearing the learned counsel for the parties, and on perusal of the material on record, this Court finds that prima facie, a cognizable offence is made out against the applicants. The
contentions raised by the applicants pertain to disputed questions of fact, which cannot be adjudicated under the inherent jurisdiction of this Court under Section 482 Cr.P.C. Thus, no case for quashing of the proceedings is made out against the applicants.
6. Accordingly, the present application is devoid of merit and is hereby dismissed.
Order Date :- 28.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad