No. 7917 of 2025 · Allahabad High Court
Case at a glance
- Bench
- SHREE PRAKASH SINGH
Outcome
Disposed of
With the aforesaid observation, the application is disposed of
Provisions considered
Key paragraphs
- Para 88. With the aforesaid observation, the application is disposed of. . September 17, 2025 MVS/- (Shree Prakash Singh,J.)
Judgment
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The instant application has been filed with a prayer to quash the judgment and order dated 19.08.2025 passed by the learned Additional Sessions Judge- VIIth/Special Judge, POCSO Act-II, Raebareli in Criminal Revision No.336/2024 and to quash the order dated 06.06.2024 passed by the learned Additional Chief Judicial Magistrate-1st, Raebareli in Criminal Case No.27273/2021 (State Vs. Bharat Singh), arising out of Case Crime No.232/2019, under Sections 504 and 506 IPC lodged at Police Station Maharajganj, District Raenareli.
Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment.
On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submitted that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. and thus the application is liable to be dismissed.
After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicant to appear before the court below and file an 2 A482 No. 7917 of 2025 application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court.
Learned AGA for the State has no objection to the aforesaid submission.
In view of aforesaid, if the charges have not been framed yet, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 60 days, strictly in accordance with law.
Operative part
With the aforesaid observation, the application is disposed of. . September 17, 2025 MVS/- (Shree Prakash Singh,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid observation, the application is disposed of
Which statutory provisions did this judgment involve?
Protection of Children from Sexual Offences Act, 2012; Indian Penal Code, 1860 — ss. 504, 506; Code of Criminal Procedure, 1973 — ss. 161, 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.