Court No. - 67
Case :- APPLICATION U/S 482 No. - 3304 of 2019 Applicant :- Rajesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ghazanfar Abbas,Rajesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application under Section 482 Cr.P.C. the prayer sought by the applicant is to quash the entire proceedings of complaint case no.127 of 2017 under Section 3/4 POCSO Act, Police Station-Cont, District-Shahjahanpur, "Km. Teena Vs. Rajesh" summoned on 20.03.2018 pending in the court of A.D.J. Court No.08, Shahjahanpur.
The contention advanced by learned counsel for the applicant is that he has been nabbed between two different criminal cases referring to one and the same incident. An FIR was got lodged by the brother of opposite party no.2 under Section 354 IPC in which the police has submitted the charge sheet. Referring to the same incident, another criminal complaint was filed by opposite party no.2 herself against the applicant in which vide order dated 20.03.2018, learned Special Judge has taken cognizance under Section 3/4 POCSO Act.
Under such circumstances, the applicant may move appropriate application before the concerned court to get the matter clubbed in appropriate sections of Criminal Procedure Code.
With the aforesaid observations, the present application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 29.1.2019 Sumit S