Court No. - 40
Case :- APPLICATION U/S 482 No. - 22078 of 2019 Applicant :- Raju Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alok Tripathi,Suresh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Charge- sheet dated 31.5.2018 in Case No. 1233 of 2018 arising out of Case Crime No. 7 of 2018, under Sections 452, 354, 376 IPC, P.S. Sasani, District Hathras pending in the court of Addl. Chief Judicial Magistrate, District- Hathras.
As per the allegations made in the first information report, it is alleged that on 7.1.2018 at 7:30 p.m., the applicant forcibly entered in the house of the first informant and tried to outrage her modesty. However on the basis of first information report, the police investigated the matter and after concluding the investigation, submitted charge-sheet against the applicant under Sections 452, 354, 376 IPC and on the basis of which the Magistrate has taken cognizance on 29.6.2018.
From the perusal of allegations made in the first information report and material collected during the course of investigation particularly the statement of the victim recorded u/s 164 Cr.P.C., prima facie offence is clearly disclosed against the applicant and as such the impugned charge sheet cannot be quashed.
The present application under Section 482 Cr.P.C. is wholly misconceived and is accordingly dismissed.
Order Date :- 3.6.2019 KU