Court No. - 54
Case :- APPLICATION U/S 482 No. - 31481 of 2018 Applicant :- Rahul @ Akib Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Anwar Hussain, learned counsel for the applicant and learned A.G.A. for the State.
By means of the present application under Section 482 Cr.P.C. the applicant is challenging the impugned charge sheet dated 24.07.2016 given rise to criminal case no. 139 of 2016 ( State Vs. Rahul @ Aqib Khan) arising out of case crime no. 399 of 2016, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Iglas, District Aligarh pending before the Additional District Judge, Court No.8, Aligarh.
In the prayer clause there is prayer for quashing the charge sheet dated 24.07.2016. During the said argument learned counsel for the applicant has drawn the attention of the Court to the Annexure No. 14 to the affidavit accompanying the bail application to the order sheet of case no. 139 of 2016. The said order sheet shows that on 03.11.2016 against the applicant charges has been framed and on 17.11.2016 was the date fixed for prosecution witnesses. The case is pending before Additional Sessions Judge, Court no.11, Aligarh. Since from the order sheet it is clear that much water has been flown from the charge sheet dated 24.07.2016, the prayer part of this 482 Cr.P.C. application is apparently defective and cannot be granted as such the present 482 Cr.P.C. application is hereby rejected.
However liberty is granted to learned counsel for the applicant to file better 482 Cr.P.C. with correct prayer.
Order Date :- 19.9.2018 Abhishek Sri.