Court No. - 49
Case :- APPLICATION U/S 482 No. - 42608 of 2018 Applicant :- Debu And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri P.K. Rajput, learned counsel for the applicants and Sri Manoj Kumar Singh, learned A.G.A. for the State.
This is an application under Section 482 of Cr.P.C. filed by the applicants for quashing the entire criminal proceeding of the Case Crime No.511 of 2017, under Section 504 I.P.C. and Section 3(1) Da of SC/ST Act as well as charge-sheet no.102 of 2018 dated 5.7.2018, P.S. Kakore, District Bulandshahar, pending in the court of 8th Additional District & Sessions Judge, Special Judge (POCSO Act), Bulandshahar.
Learned counsel for the applicants submits that the case was registered by the order of the trial court on the application under Section 156(3) Cr.P.C. He also submits that the applicants have been falsely implicated in the said case and the father of the applicants is in judicial custody. He has also pointed out that the statement of Gyanesh was recorded and he has stated in his statement under Section 161 of Cr.P.C. that he was not present at the house and his name is recently recorded. Learned counsel for the applicants further submits that the father of the applicants, namely, Jodhpal lodged a complaint on 25.9.2017, which was registered as a counter blast. He also submits that no injury was received by the victim. Learned counsel for the applicants has prayed that the entire proceeding and charge-sheet of the said case may be quashed.
Learned A.G.A. has opposed the prayer for quashing the charge-sheet by submitting that the case was registered on the application under Section 156(3) Cr.P.C. filed by the respondent no.2 on the order of the trial court. There are specific allegations against the applicants and there is no ground to quash the charge-sheet and criminal proceeding of the aforesaid case.
I have carefully considered the submissions made by learned counsel for the applicants and learned A.G.A. and perused the material available on record.
The brief facts of the case are that the respondent no.2 moved an application under Section 156(3) Cr.P.C. on the allegation that on 28.8.2017, Sri Jodhpal committed rape on her, co-accused Jodhpal and his sons, namely, Debu and Rabbu and nephew of Jodhpal gave beating to her and threatened to her. The FIR for the offence under Sections 376, 323, 504, 506 I.P.C. and Section 4 POCSO Act was registered. On completion of the investigation, charge-sheet for the offence under Section 376 I.P.C. has submitted against the Jodhpal. During investigation, statement of witnesses under Section 161 of Cr.P.C. were recorded and statement of victim under Section 161 was also recorded. The victim was medically examined. As per medical certificate, the age of victim is between 11 to 12 years. The statement of victim under Section 164 Cr.P.C. was also recorded. On completion of investigation, charge-sheet for the offence under Section 504 I.P.C. was submitted against the applicants and charge- sheet for the offence under Section 376 and 504 I.P.C. was submitted against the co-accused Jodhpal.
Having considered the facts and circumstances of the case and allegations made against the applicants, in my view, there is no ground to quash the criminal proceeding of the aforesaid case and charge-sheet dated 5.7.2018 and the prayer is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 15 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 15 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 30.11.2018 Vivek Kr.