Court No. - 67
Case :- APPLICATION U/S 482 No. - 15859 of 2019 Applicant :- Radhey Shyam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarvesh Kumar Dubey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet dated 13.10.2018 along with cognizance order dated 16.10.2018 passed by Chief Judicial magistrate, Sonbhadra in S.T. No. 136 of 2018 arising out of Case crime No. 446 of 2018 (State Vs. Radhey Shyam), under section 376, 406, 504, 506 IPC and section 67 of Information Technology (Amendment) Act, P.S. Robertsganj, District Sonbhadra pending in the court of Addl. Sessions Judge, Sonbhadra.
From the perusal of the record, it appears that the applicant Radhey Shyam is a police constable and opposite party no. 2 who is a married woman is working as lady constable in the same department. In the statement of victim recorded under sections 161 as well as 164 Cr.P.C several allegations have been made involving the applicant in the said offence. In the present case, the applicant has been bailed out by the coordinate bench of this Court on 04.12.2018 in Crl. Misc. Bail Application No. 41027 of 2018.
Under the above facts and circumstances of the case, if so advised, applicant may move an application seeking his discharge, raising all the points factual as well as legal before the concerned court within a fortnight from today, the same shall be heard and decided by the competent court within a period of eight weeks thereafter by a well and reasoned order in accordance with law.
With the above observations, this application is finally disposed of.
Order Date :- 25.4.2019 RPD