Court No. - 85
Case :- APPLICATION U/S 482 No. - 26610 of 2021 Applicant :- Anees Opposite Party :- State Of U.P. Through Its Principal Secretary Home And Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 8.12.2020 as well as entire proceeding of Criminal Case No. 4609 of 2021 (State Vs. Anis and another) bearing Case Crime No. 0220 of 2020, under section 354, 323, 504 and 506 IPC, P.S. Kamalganj, District Farrukhabad pending in the court of learned A.C.J.M., Farrukhabad.
Learned counsel for the applicant contended that as per allegations of the FIR incident has occurred on 12.7.2020 while FIR has been lodged on 8.8.2020 after delay of 26 days. In medical examination no visible injury has been found on the body of the victim. Learned counsel further contended that there are material contradictions between FIR and statement of victim recorded under section 161 Cr.P.C. The victim has also moved an application alleging therein that no incident has happened with her and she has given her statements on the behest of her counsel. He further contended that the prosecution story is false and concocted. The applicant is innocent. He has not committed any offence. Simply on account of personal grudge legal consultation and at the behest of inimical pursuance the present prosecution has been launched. The victim is a married lady. No statement of the victim has been recorded under section 164 Cr.P.C. As per the statement of independent witnesses no act of molestation has been committed with the victim. The victim has also denied any assault of rape with her.
Learned A.G.A. contended that in FIR the applicant is named. Specific role has been assigned to him and there are specific allegations which discloses criminal offence. The I.O. has recorded the statement of victim and other witnesses and on the basis of evidence collected charge-sheet has been submitted. So there is no ground to quash the charge-sheet or criminal proceedings.
The allegations in the FIR discloses a prima facie criminal offence. Investigation has been conducted and statements of victim and other witnesses have been recorded by the I.O. and on the basis of evidence collected during investigation the charge-sheet has been submitted under section 354, 323, 504 and 506 IPC. On the basis of material available on the case diary learned Magistrate has taken cognizance. The points raised by the learned counsel for the applicant can not be considered and adjudicated at this stage in this criminal misc. application. It is a matter of trial. There is no sufficient ground to quash the charge-sheet or criminal proceedings. Hence, the application lacks merit and is liable to be dismissed.
Accordingly, the application U/s 482 Cr.P.C. is dismissed.
However, it is directed that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 20.12.2021 Masarrat