Court No. - 77
Case :- APPLICATION U/S 482 No. - 1036 of 2021 Applicant :- Mohd. Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application has been filed seeking quashing of the charge sheet in Sessions Trial No. 157 of 2020, State Vs. Salman, arising out of case crime no. 374 of 2020, under Sections 323, 504, 506 IPC and 3(2) (va) of SC/ST Act, P.S. Nawabganj, District Prayagraj. He further prayed to stay N.B.W order dated 04.11.2020 in S.T. No. 157 of 2020.
The submission of the counsel for the applicant is that from perusal of the statement under Section 164 Cr.P.C., no offence could have been said to be made out. He further argues that even assuming all the allegations to be true, no offence under Section 3(2) (va) of SC/ST Act can be said to be made out even as per the allegations contained in the FIR and the statement given before the I.O. He argues that despite the fact that the I.O. has taken into account the statement of the alleged victim under Section 164 Cr.P.C but has erred in filing the charge-sheet. He further argues that there is no medical report on record.
The matter requires consideration.
Issue notice to the opposite party no. 2 returnable at an early date.
Steps be taken to serve the opposite party no. 2 within three weeks.
Learned AGA shall file response within four weeks. Petitioner will have two thereafter to file rejoinder affidavit. List thereafter.
Until further orders of this Court, further proceedings in the aforementioned case shall remain stayed and no coercive action shall be taken against the applicant.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 18.1.2021/pks