Court No. - 33
Case :- APPLICATION U/S 482 No. - 19393 of 2018 Applicant :- Rafi Ullah Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 15.06.2016 as well as cognizance order dated 15.07.2016 passed by Additional Sessions Judge, Court No. 8, Deoria in Special Case No. 38 of 2016 (State Versus Naushad Ali) arising out of Case Crime no. 152 of 2016, under Sections 363, 366 I.P.C. & 3/4 POCSO Act, Police Station Gauri Bazar, District Deoria.
It argued by learned counsel for the applicant that no offence is made out against the applicant.
Learned A.G.A. has drawn the attention of the Court to the statement recorded under Section 164 Cr.P.C., wherein, it has been clearly stated that the marriage was solemnized on the directions of the family members including the applicant. Further, it is stated by the victim that she was not prepared to marry with the son of the applicant. The marriage was solemnized fraudulently at the behest of the applicant so as to protect his son from prosecution.
Learned counsel for the applicant failed to point out any illegality, infirmity or perversity in the impugned charge sheet.
This application under Section 482 Cr.P.C. is accordingly dismissed.
Order Date :- 29.5.2018 K.K. Maurya