Court No. - 40
Case :- APPLICATION U/S 482 No. - 22416 of 2019 Applicant :- Husan Bano Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant is permitted to make necessary correction in the memo of application today itself.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the charge sheet No.495 of 2018 dated 20.6.2018 and cognizance order dated 13.12.2018 in Case No.11777 of 2018, arising out of Case Crime No.992 of 2017, under Sections 363, 366, 376, IPC, P.S. Quarsi, District Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.
As per the allegations made in the FIR it is alleged that on 2.7.2017 at about 11.30 a.m. the applicant visited the house of the first informant and had enticed away the minor girl of the first informant on the basis of which first information report has been lodged against the applicant and one Monu under Sections 363, 366, IPC. On the basis of said FIR police thoroughly investigated the matter and submitted the charge sheet against the applicant under Sections 363, 366, 376, IPC on which the learned magistrate has taken cognizance on 13.12.2018.
From the perusal of the allegations made in the first information report and the material collected during the course of investigation particularly the statement of the victim, prima facie offence is clearly disclosed against the applicant, as such impugned charge sheet cannot be quashed. The prayer for quashing the charge sheet is, therefore, refused.
However, in case the applicant appears/surrenders before the court below within two weeks from today and applies for bail, her prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity to both the parties.
With these observations, this application is disposed of. Order Date :- 7.6.2019 T. Sinha