Court No. - 67
Case :- APPLICATION U/S 482 No. - 3093 of 2019 Applicant :- Dan Singh @ Dannu Opposite Party :- State Of Up And Another Counsel for Applicant :- Dhiresh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 18.05.2018 as well as entire proceedings of Sessions Trial No.403 of 2018(State Vs. Dan Singh@Dannu) arising out of case crime no.294 of 2017 under Sections 363, 366 IPC, Police Station-Fareedpur, District-Bareilly pending in the court of Additional District Judge-16, Bareilly.
The contention advanced by learned counsel for the applicant is that the applicant has been bailed out in the abovementioned case. The next contention is that the victim-Ms. Shobha Devi(19) in her statement recorded under Section 161 Cr.P.C. has submitted that she, on her own volition and accord, accompanied with the applicant and married with him. In her statement recorded under Section 164 Cr.P.C. she has candidly submitted that she has not been enticed away by the applicant.
Since the applicant has already been bailed out, the remedy provided to the applicant is that if the applicant moves an application within four weeks for discharge raising all the objections which have been taken by him in this application, the same shall be decided by the court concerned within a period of eight weeks from the production of the certified copy of this order by well reasoned and speaking order strictly in accordance with law.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 29.1.2019 Sumit S