Accused of Crimi. Misc. Case No. 435 of 2024 Arising Out of State v. Anil Verma and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 4 Others

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11438 of 2024 Applicant :- Accused Of Crimi. Misc. Case No. 435 Of 2024 Arising Out Of State Versus Anil Verma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Applicant :- Harish Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard.

¶2The instant application has been filed with a prayer for quashing the entire proceedings of the Criminal Misc. Case No. 435 of 2024 "State Versus Sonam Kori" arising out of Session Trial No. 820 of 2022 "State Versus Anil Verma and others" under Section 22 of Protection of Children from Sexual Offences Act, 2012 (P.O.C.S.O. Act), Police Station-Chhapiya, District-Gonda pending in the Court of Special Judge, P.O.C.S.O. Act, Gonda and impugned order dated 4.9.2024 as well as impugned Non Bailable Warrant (N.B.W.) order dated

4.10.2024.

¶3Learned counsel for the applicant submits that the F.I.R. i.e. Case Crime No. 177 of 2022 dated 20.07.2022 u/s 376, 323, 504, 506 I.P.C. and 3(2)(v) of SC/ST Act, Police Station-Chhapiya, District-Gonda was lodged, in which, charge-sheet was submitted by the Investigating Officer for the offense u/s 323, 504, 506, 376(2)(n) I.P.C., Section 5l/6 P.O.C.S.O. Act and Sections 3(2)(v), 3(1)(da) and 3(1)(dha) of SC/ST Act. He further submits that during the course of trial, the victim has not supported the prosecution version and she made her deposition before the Magistrate u/s 164 Cr.P.C. As a result, the accused was acquitted and then order was passed for registering a miscellaneous case against alleged victim u/s 22 of P.O.C.S.O. Act. He next submits that the aforesaid case has already been registered and then the victim moved a confession application with a prayer that the miscellaneous case may be disposed of by imposing some meagre amount of fine, but the said application is not being decided, therefore, a direction may be issued for disposal of that application in terms of Section 22 of P.O.C.S.O. Act by imposing some fine.

¶4Learned A.G.A. vehemently opposes the prayer of applicant. However, he does not dispute the fact that the confession application is pending before the competent Court.

¶5Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application as well as other relevant documents, it is evident that a confession application is pending before learned trial Court. Therefore, learned trial Court is directed to decide the said application, expeditiously, if possible, within a period of one month from the date of production of certified copy of this order.

¶6Till disposal of the confession application, no coercive action be taken against the applicant.

¶7In view of above, the instant application is disposed of. Order Date :- 18.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench