Heard the learned counsel for the applicant and the learned A.G.A. This application has been field with a prayer to quash the proceedings of S.T. No. 780 of 2008 under sections 363,366,376 I.P.C. P.S. Quarsi district Aligarh pending in the court of learned Additional Sessions Judge, Court No.4, Aligarh.
From the perusal of the record it appears that in the present case the applicant has been summoned by the trial court in exercise of the power conferred under section 319 Cr.P.C. On 18.2.2009, P.W. 1 has disclosed the name of the applicant making allegation that the applicant has also committed rape with the prosecutrix.
Considering the same the trial court has summoned the applicant, there is no illegality in the order dated 18.2.2009, therefore, the prayer for quashing the same is refused.
However, considering the facts and circumstances of the case in case the applicant appears before the court concerned within 20 days and applies for bail, the same shall be heard ad disposed of expeditiously. With this direction this application is finally disposed of. Order Date :- 25.1.2010 N.A.