ABDUL RAHMAN ALIAS AARU AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/12614/2025 · 2025-05-19
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40975 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40975 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87768 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 12614 of 2025 Applicant :- Abdul Rahman Alias Aaru And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Azhar Hussain,Md. Ateef Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondent, and perused the material available on record. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 02.08.2024 as well as the entire proceedings of Sessions Case No. 428 of 2024, arising out of Case Crime No. 312 of 2024, under Sections 376 and 506 of IPC, Sections 5 and 6 of the Protection of Children from Sexual Offences Act, and Section 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Karvi Kotwali, District Chitrakoot, pending before the learned Special Judge (POCSO Act), District Chitrakoot. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is contended that the initial allegations were made against the elder brother of the applicants and that subsequently similar allegations were made against the applicants without credible basis. He further submits that upon perusal of the statements recorded under Sections 161 and 164 Cr.P.C., no prima facie offence under Section 376 IPC is made out against the applicants. 4. Per contra, learned A.G.A. has opposed the application and drawn attention to the contents of the FIR as well as the statement
recorded under Section 164 Cr.P.C., wherein specific allegations have been levelled against the applicants, which prima facie disclose the commission of offence under Section 376 IPC along with other offences. 5. Having considered the rival submissions advanced by the parties and upon perusal of the record, this Court is of the opinion that the allegations, as contained in the FIR and supported by the victim's statement under Section 164 Cr.P.C., do disclose a prima facie case against the applicants. At this stage, the veracity or otherwise of the allegations cannot be adjudicated in proceedings under Section 482 Cr.P.C., as the same involves disputed questions of fact which require trial. 6. This Court finds no ground to invoke its inherent jurisdiction under Section 482 Cr.P.C. for quashing the charge-sheet or the proceedings arising therefrom. 7.
The application lacks merit and is accordingly dismissed. Order Date :- 20.5.2025 Anil K. Sharma Vinod Diwakar, J. Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad