Court No. - 76
Case :- APPLICATION U/S 482 No. - 46401 of 2019 Applicant :- Manish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ulajhan Singh Bind Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge-sheet no. 257/2019 dated 16.07.2019 as well as entire proceeding of Case No. 1290/2019 (State Vs. Manish) arising out of Case Crime No. 376/2019 under Section 452, 506 and 354 I.P.C., Police Station-Etmaddaula, District-Agra, pending before the court below.
It has been submitted by learned counsel for the applicant that the F.I.R. has been lodged by Smt. Krishna with the allegations that on 29.05.2019 at 1:30 p.m. applicant entered into her house and after pushing her on the ground he tried to sexually assault her. It has been further alleged that the applicant also made video recording of the alleged incident and threatened to make it viral.
Learned A.G.A. has submitted that as per the statement of victim recorded under Section 164 Cr.P.C. the applicant has misbehaved with the victim, therefore charge sheet has been rightly submitted on the basis of statement of victim and after proper investigation.
Learned counsel for the applicant submits that he has already been granted bail, but the offence under Section 354 I.P.C. has made out as per the statement of victim recorded under Section 164 Cr.P.C.
Considering the submission advanced by learned counsel for the parties I do no find any illegality or infirmity in the submission of charge sheet.
The application is accordingly, rejected.
Order Date :- 17.12.2019 Md Faisal