Court No. - 49
Case :- APPLICATION U/S 482 No. - 28914 of 2018 Applicant :- Mansoor Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application U/s 482 Cr.P.C. has been filed to quash the charge sheet dated 22.07.2017 and the entire proceedings of S.T. No. 74 of 2017 (State Vs. Mansoor Ali), arising out of Case Crime No. 893 of 2017, under Section 376 IPC and Section 3/4 POCSO Act, Police Station Kotwali, District Jaunpur, pending in the Court of Addl. Sessions Judge, Court No.1, Jaunpur.
Admittedly the applicant has been enlarged on bail. Learned counsel for the applicant submits that the applicant is 69 years of age and that there is a time gap in the FIR being lodged as also in the statement recorded under Sections 161 and 164 Cr.P.C. Also, certain other discrepancy has been sought to be raised to challenge the proceedings.
Considering the fact that the applicant has already been enlarged on bail and further in view of the fact that the objection being raised are involved factual disputes that may be examined by the appropriate court at the stage of discharge, the present application is disposed of, leaving it open to the applicant to apply for discharge at the appropriate stage, which application, if filed, may be decided by the learned court below, strictly in accordance with law.
Order Date :- 23.8.2018 Lbm/-