HARENDRA ALIAS HARENDRA BAHADUR v. STATE OF U.P. AND ANOTHER
A482/12302/2024 · 2025-03-18
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36996 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39207 Court No. - 74 Case :- APPLICATION U/S 482 No. - 12302 of 2024 Applicant :- Harendra Alias Harendra Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.,Shiv Shankar Kaithal Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 13.07.2023 and cognizance taking order dated 20.10.2023 as well as to quash the entire proceedings in Session Case No.2146 of 2023 (State vs. Harendra) arising out of Case Crime No.167 of 2023, under sections 354A, 354D, 506 I.P.C. and sections 7/8 POCSO Act, P.S. Bilhaur, District- Kanpur Nagar, pending in the court of learned Additional District and Session Judge, Court No.13/Special Judge, POCSO Act, Kanpur Dehat.
3. Learned counsel for the applicant submitted that the proceedings initiated against the applicant is the abuse of process of law, since there is no evidence or material collected by concerned Investigating Officer, which attracted sections 7/8 of POCSO Act and as such it is clear that cognizance taken up by learned court concerned is in a very casual and mechanical manner. It is further submitted that applicant has already been granted bail by learned court concerned vide order dated 03.07.2023.
4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant by way of submitting that after considering the material on record, charge-sheet has been submitted and cognizance has been taken up against the applicant and as such the proceedings initiated against the applicant in shape of Session Case No.2146 of 2023 (State vs. Harendra) is sustainable in the eye of law.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that there is no
infirmity in the impugned charge-sheet, cognizance taking order as well as in the proceedings initiated against the applicant in shape of abovementioned session case.
6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 19.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad