No. 37860 of 2024 · Allahabad High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 363, 366, 509
- Protection of Children from Sexual Offences Act, 2012 ss. 16, 17
- Code of Criminal Procedure, 1973 s. 482
Key paragraphs
- Para 77. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. September 4, 2025 Shaswat (Saurabh Srivastava,J.) SHASWAT SINGH High Court of Judicature at Allahabad
Judgment
HON'BLE SAURABH SRIVASTAVA, J.
Heard Sri Sanjay Kumar Singh, learned counsel for applicant, Sri Harish Chandra Dwivedi, learned counsel for opposite party no. 2 and learned AGA for State.
Present application has been preferred with prayer to quash charge sheet dated 17.01.2021 in Case Crime no. 355 of 2020 under sections 363, 366 and 509 of IPC and sections 16/17 of POCSO Act, 2012, PS- Baragaon, District Varanasi as well as summoning order dated 21.05.2021 passed by learned Special Judge (POCSO Act), Varanasi and entire proceeding of Special Session Trial no. 608 of 2021 arising out of Case Crime no. 355 of 2020.
Learned counsel for applicant submitted that applicant has been falsely implicated in the present case and no offence as alleged in the FIR, is made out against the applicant. No role has been assigned to the applicant. No evidence has been collected during investigation against the applicant, hence the entire proceeding is liable to be quashed.
Per contra, Sri Harish Chandra Dwivedi, learned counsel for opposite party no. 2 and learned AGA for State vehemently opposed the prayer sought through instant application
After hearing the submissions made by the learned counsel for the parties and upon perusal of the record, it is observed that prima facie it cannot be said that no offence is made out against the applicant. The 2 A482 No. 37860 of 2024 assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. In proceeding u/s 482 Cr.P.C, this Court is not inclined to hold mini-trial.
It is well settled that the inherent powers under Section 482 Cr.P.C are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C.
In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. September 4, 2025 Shaswat (Saurabh Srivastava,J.) SHASWAT SINGH High Court of Judicature at Allahabad
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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