Court No. - 48
Case :- APPLICATION U/S 482 No. - 1903 of 2019 Applicant :- Ramdas Opposite Party :- State Of U.P. And 5 Ors Counsel for Applicant :- Achchhey Lal Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to direct the opposite party nos. 2 & 3 to further investigate the matter and submit a charge-sheet under Section 376 IPC, including the name of Dharamveer i.e. opposite party no. 6 in the proceeding of Case No. 2714 of 2018 arising out of Case Crime No. 479 of 2018, under Sections 366, 354, 506 IPC, Police Station Kant, District Shahjahanpur pending in the court of Additional Chief Judicial Magistrate-III, Shahjahanpur.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that the FIR was lodged for the offence under Sections 363, 366 IPC. During investigation, statement of victim was recorded under Section 164 Cr.P.C., she stated that offence under Section 376 IPC was also committed by the accused against her but Investigating Officer did not take into account the statement of the victim recorded under Section 164 Cr.P.C. and submitted charge sheet for the offence under Sections 366, 354, 506 IPC. Concerned Magistrate without going through the evidence collected by the Investigating Officer took cognizance only for the offences disclosed in the charge-sheet. It is further submitted that concerned Magistrate did not apply judicial mind while taking cognizance in the matter.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I do not find any ground to direct for further investigation. Applicant, who is the informant has every right to raise the question for constitution of the offence under Section 376 IPC as has been raised in this application at the time of framing of charge.
Thus, the application being devoid of merits is dismissed at this stage itself.
Order Date :- 29.1.2019 Sanjeet