Court No. - 81
Case :- APPLICATION U/S 482 No. - 13780 of 2021 Applicant :- Mahendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicants as well as learned AGA for the State. Perused the record.
The instant application has been filed by the applicant with a prayer to quash the entire proceeding of S.S.T. No.1068 of 2017 ( State Vs. Mahendra) under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, Police Station Vrindrawan, District Mathura arising out of Case Crime No.387 of 2016 pending before the learned Special Judge, POCSO Act/ Additional Sessions Judge, Court No.2, Mathura.
Learned counsel for the applicants submits that opposite party no.2 has registered a FIR on 29.05.2016 against the applicants on 29.05.2016 in Case Crime No.387 of 2016, under Sections 363, 366 IPC and Section 7/8 POCSO Act, Police Station Vrindawan, District Mathura alleging therein that his elder daughter lives in Radhey Shyam Colony and with her applicant no.1 and his brother Guddu live as tenant and his younger daughter namely Durgesh who is aged about 14 years old used to come and go there and Mahendra used to talk to his daughter Durgesh often and on 28.05.2016, Mahendra and his younger brother Guddu has taken away his daughter. The incident took place on 28.5.2016 at about 11.00 hours and the FIR has been registered on 29.5.2016. He further submits that the police has produced the victim before the Court below for recording her statement under section 164 Cr.P.C on 30.8.202016. The Investigating Officer has submitted the charge sheet against the applicant no.1 under section 363, 366, 376 IPC and Section 3/4 POCSO Act.
The learned court below vide his order dated 19.04.2017 has taken cognizance upon charge-sheet dated 20.09.2016.
Per contra learned AGA has submitted that there is no illegality in the charge sheet as well as cognizance order passed by the learned court below.
From the perusal of the FIR, charge-sheet and cognizance order, the applicants fail to make out any case for interference, nor has shown any illegality in the charge-sheet or in the cognizance order.
In view thereof, the present application U/S 482 Cr.P.C is hereby dismissed.
Order Date :- 12.8.2021 SFH