Court No. - 32
Case :- APPLICATION U/S 482 No. - 16942 of 2018
Applicant :- Mohd. Rijwan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Shri Rajeev Kumar Saini, Advocate has filed his vakalatnama on behalf of opposite party no. 2, is taken on record.
Heard Shri V.K. Jaiswal, learned counsel appearing for the applicants, Shri Rajeev Kumar Saini, learned counsel for opposite party no. 2 and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the supplementary charge-sheet no. 212-A/2018 arising out of Case Crime No. 256/2017, under Sections 363, 366, 376, 420 & 120-B IPC, and Section 4 of POCSO Act, P.S.
Kakod, District Bulandshahar, as well as, entire proceeding of Spl. S.T. No. 1984/2018 (State vs. Mohd. Rijwan and others) pending in the court of Additional District and Sessions Judge, /Special Judge (Court No. 5), Bulandshahar.
Attention of the Court was drawn to the statement of the victim under Section 164 Cr.P.C.; statement reflects that the victim is minor; this fact is not in dispute. Further, there is allegation of rape against the applicants.
In the circumstances, the offence mentioned in the charge sheet is made out.
The application is, accordingly, dismissed.
Dismissal of the application shall not preclude the applicant from filing an appropriate application which shall be decided in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290, Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, strictly in accordance with law provided there is no legal impediment.
Order Date :- 28.5.2018 Mukesh Kr.