Court No. - 1
Case :- APPLICATION U/S 482 No. - 24863 of 2018 Applicant :- Fayyaj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Mohammad Aslam, learned counsel for the applicants and Sri Irshad Hussain, learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Case No. 66 of 2018 arising out of case crime no. 125 of 2017 under sections 363, 376D, 506 I.P.C. and 5g/6 POCSO Act, police station Kutubsher, District Saharanpur, charge-sheet dated 22.12.2017 and the summoning order dated 29.5.2018 passed in the aforesaid case.
Learned counsel for the applicants submits that as per the medical report, she is stated to be aged about 17 years. He further submitted that the estimated age of a person as opined by the doctor, is always subject to two years' margin or error or relaxation on both sides. Learned counsel for the applicant in support of his contention has placed reliance on the judgment passed in the case of S. Varadarajan Vs. State of Madras (1965 AIR 942, 1965 SCR (1) 243. The victim as per her statement recorded under Section 164 Cr.P.C. appears to be a consenting party as she has married with the applicant and is living with the applicant. he submits that the victim and the applicant have earlier approached this Court challenging the F.I.R. of the present case in which their arrest was stayed by this Court vide order dated 14.12.2017 passed in Crl. Misc. Writ Petition No. 27350 of 2017 a copy of which has been annexed at page-73 of the accompanying affidavit. He further submits that the deponent of the present applicant is the victim herself.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
Order Date :- 25.7.2018 Shiraz