Court No. - 72
Case :- APPLICATION U/S 482 No. - 21851 of 2019 Applicant :- Jyoti Prakash Yadav Alias Ram Ajor Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 24.02.2019, cognizance order dated 01.04.2019 as well as the entire proceedings of Criminal Case No. 1513 of 2019 (State Vs. Jyoti Prakash), arising out of Case Crime No. 1600 of 2015, under Sections- 376, 323, 504, 506 I.P.C., Police Station- Khalilabad, District- Sant Kabir Nagar.
3. Learned counsel for the applicant submits that arising from old dispute between the parties wherein an earlier FIR had been lodged by certain family members of the applicant against certain persons connected to the opposite party no.2, wholly false and frivolous allegations have been made against the applicant. In any case, neither there is any injury report nor any medical report to establish occurrence of rape.
4. Learned counsel for the opposite party no.2 on the other hand submits that allegations made in the FIR are specific. As to the occurrence and involvement of the present applicant in that occurrence, these have also been supported by the statement recorded under Section 164 Cr.P.C. Therefore, at this stage, no interference is warranted in the present application.
5. Having heard learned counsel for the parties and having perused the record, at present, it appears that prima facie ingredients of offence are made out and therefore, the prayer for quashing the entire proceedings is declined.
6. However, in case, the applicant appears and surrenders before the court below on the next date fixed and applies for bail, it is expected that the learned court below shall consider and decide his application for bail, as expeditiously as possible, strictly in accordance with law.
7. With the aforesaid observation, the present application is disposed of.
Order Date :- 31.5.2019 Abhilash