Court No. - 44
Case :- APPLICATION U/S 482 No. - 13647 of 2018 Applicant :- Rahman Opposite Party :- State Ofu.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sanjay Kumar Yadav, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 23.1.2018 passed by the Additional Chief Judicial Magistrate, Deoband, in Complaint Case No. 1878 of 2017 (Adil Vs. Rahman and others), under sections 376, 511 IPC, P.S. Deoband, District Saharnpur, pending in the court of Additional Chief Judicial Magistrate, Deoband.
From the perusal of the record, the Court finds that the victim has been examined under section 202 Cr. P. C. and her statement has been brought on record as Annexure-4 to the affidavit at page 25 of the paper book. Having gone through the statement of P.W. 2 Smt. Mahnaz, wife of Adil, the Court is of the opinion that the no case for interference is made out in the present case.
In view of the aforesaid, the application is dismissed.
However, the Court below is directed to consider the bail application of the applicant in the light of the observation made by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
Order Date :- 24.4.2018 HSM