Allahabad High Court
Rajan Jaiswal @ Bholu vs State Of U.P. And Another on 4 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 20012 of 2021 Applicant :- Rajan Jaiswal @ Bholu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings of Case No. 570 of 2020, Case Crime No. 238 of 2020, under Sections - 354(A), 323, 452, 506 I.P.C. and 7/8 POCSO Act, Police Station - Kasya, District - Kushinagar as well as summoning order dated 02.12.2020, pending in the court of Special Judge POCSO Act, Kushinagar.
Claim is manifold. One being that the process is vitiated on account of fact that no offence whatosever has been committed by the applicant under the relevant sections of I.P.C. as well as under the provisions of POCSO Act. In this case, it so happened that the investigating officer himself was aware about the actual date of birth of the victim / prosecutrix and he formed opinion that the age of the prosecutrix is 19 years. In that connection, learned counsel for the applicant has engaged attention of this Court to C.D. No.5, which is on page no.39 of the application.
Learned counsel for the applicant further claimed that despite above fact position, charge sheet was filed inter alia under Section -7/8 POCSO Act, which by itself is self contradictory on the part of the investigating officer, therefore, the investigation carried out by the investigating officer is unfair, unreasonable and cannot be acceptable in the eye of law.
However, during the course of argument, learned counsel for the applicant has submitted that the applicant wishes to move discharge application before the trial court and relinquish the prayer for quashment.
Also heard the learned A.G.A.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case, the applicant appears before the court concerned within three weeks from today and moves application for discharge, the same shall be considered and disposed of in accordance with law by passing reasoned and speaking order after affording opportunity of hearing to both the sides.
On the first count, the effect and operation of the non bailable warrant shall be kept in abeyance for three weeks and on the second count, in case any discharge application is so moved within the stipulated period as above, then the proceeding of the entire case shall be kept in abeyance till consideration and disposal of this case.
However, it is clarified that in no case, the disposal of the discharge application will prolong go beyond two months period from the date of the presentation of the discharge application by the applicant.
In case of default in not presenting any application within three weeks from today, this order will be of no avail to the applicant and the court below shall be free to proceed further in accordance with law against the applicant.
With the aforesaid observation, this application stands disposed of.
Nothing has been observed on the merits of the case.
Order Date :- 4.8.2022 S Rawat