Allahabad High Court
Rahul Yadav vs State Of U.P. And Another on 13 October, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 15245 of 2020 Applicant :- Rahul Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Kumar Shukla,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings as well as cognizance order dated 14.01.2020 passed by the learned Additional Sessions Judge, First, Ghazipur and Charge-sheet dated 11.06.2019 (State Vs. Rahul and others), under Sections 354, 323, 504 & 506 I.P.C. as well as 7/8 of Protection of Children from Sexual Offences Act, 2012, arising out of Case Crime No. 33 of 2019, Police Station-Kareemuddinpur, District Ghazipur, pending in the court of Additional Sessions Judge, First, Ghazipur with a further prayer to stay the entire criminal proceedings as well as cognizance order dated 14.01.2020 passed by the learned Additional Sessions Judge, First, Ghazipur and Charge-sheet dated 11.06.2019 (State Vs. Rahul and others), under Sections 354, 323, 504 & 506 I.P.C. as well as 7/8 of Protection of Children from Sexual Offences Act, 2012, arising out of Case Crime No. 33 of 2019, Police Station-Kareemuddinpur, District Ghazipur, pending in the court of Additional Sessions Judge, First, Ghazipur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. False allegation has been made against him.
After perusal of the material on record and in view of the submission made by learned counsel for the applicant, at this stage it cannot be said that no offence is made out against the applicant.
The disputed question of fact may be raised before the court concerned, which can be decided by the trial court on the basis of evidence before the court. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused cannot be considered at this stage. There is no sufficient ground to quash the charge sheet in the aforesaid case.
Accordingly, the prayer to quash the charge sheet and entire proceedings of the aforesaid case is refused.
However, in view of the submission made by learned counsel for the applicant and considering the present situation of Covid-19 Pandemic, in case the applicant appears and surrenders before the court below within a period of 30 days from today and applied for bail, the same shall be considered and decided expeditiously in accordance with law.
It is further provided that for a period of 30 days or till the surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
However, it is made clear that if the applicant does not appear before the court below within the aforesaid period, the trial court will be at liberty to proceed in accordance with law against the applicant.
With the above observation, the application is finally disposed of.
Order Date :- 13.10.2020 OP