UMESH KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants/petitioners, learned A.G.A. for the State and perused the record.

(2.) This petition under Section 482 Cr.P.C. has been filed for quashing of the impugned summoning order dated 04.02.2021, passed by the Special Judge, POCSO Act, Pratapgarh in Special Sessions Trial No.0225/2021 (State Vs. Umesh and others), relating to Case Crime No.15/2020, under Sections 147, 323, 504, 506, 452, 354 IPC and Section 9 (j)/10 of POCSO Act, Police Station Antu, District Pratapgarh. A further prayer for quashing of the charge sheet dated 11.11.2020 and entire proceedings of the aforementioned Special Session Trial has also been made.

(3.) From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.