Court No. - 66
Case :- APPLICATION U/S 482 No. - 47082 of 2019 Applicant :- Mithlesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Omkar Malik holding brief of Sri Awadhesh Prasad, counsel for the applicant and learned AGA.
The present application u/s 482 Cr.P.C. has been filed for quashing the charge-sheet no. 02 dated 14.2.2019 filed in Case Crime no. 0146 of 2018 u/s 363, 376(2)(Jha) IPC and Section 4 of POCSO act and 3(2)(V) of SC/ST Act, P.S. Pahadi, District Chitrakoot.
Learned counsel has argued that the applicant has been falsely implicated in this case; he was not named in the F.I.R. however, his name was disclosed by the victim in the statement u/s 161 and 164 Cr.P.C. at the goading of the persons, who had inimical terms to the applicant, therefore, the proceedings against the applicant may be quashed.
Per contra learned AGA opposed and submitted that the prosecutrix is hardly 16 years of age and in her statement u/s 164 Cr.P.C. she has stated the manner in which the co-accused Mithlesh, applicant and two other had gang raped her; the charge-sheet against the applicant was filed on 14.2.2019 and prima facie offence is disclosed against them.
Considering the facts and circumstances of case being a gang rape, I do not not find any good ground for quashing the proceeding.
The present application is, accordingly, dismissed.
Order Date :- 19.12.2019 Dhirendra/