Court No. - 45
Case :- APPLICATION U/S 482 No. - 38624 of 2018 Applicant :- Rajeev Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Pal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The present 482, Cr.P.C. application has been filed to quash the entire proceedings of Sessions Trial No.471 of 2015 (State Vs. Rajeev Kumar) under Sections 376, 504, IPC, arising out of Case Crime No.114 of 2011, P.S. Gunnaur, District Sambhal, pending in the court of Additional Sessions Judge/Fast Track Court No.1, Badaun.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that in the complaint and the statement of the witness the date of incident is mentioned as 1.3.2011 whereas in the charges framed the date of incident has been mentioned as 3.12.2010. The applicant had moved an application under Section 232, Cr.P.C. praying for discharge on the ground that there is discrepancy in the date of incident, which has been rejected. The court below has stated that there is no justification for discharge at the stage without recording the finding how the trial can proceed when there is no clear date of incident and in such an eventuality the punishment cannot be awarded to the accused. The aforesaid application has been rejected vide impugned order dated 1.10.2018 against which the present application is directed.
Learned A.G.A. has supported the order on the ground that there are sufficient material on record against the applicant and therefore, there is no question of acquittal of the applicant at this stage.
After going through the order passed by the court below there is no finding found as to how the charges have been framed recording another date when the prosecutrix has alleged the date of incident of another date. The court below should have either corrected the charge or recorded the finding justifying the same. There is no such finding in the order passed by the court below.
In view of above, order dated 1.10.2018 passed by the court below is, hereby, quashed. It is directed that the court below shall pass a fresh order on the application of the applicant in accordance with law.
The application is allowed.
Order Date :- 26.10.2018 T. Sinha