Court No. - 66
Case :- APPLICATION U/S 482 No. - 43114 of 2019 Applicant :- Ravindra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rashtrapati Khare Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rashtrapati Khare, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings in Sessions Trial No93 2016 (State Versus Amarjeet and others) arising out of Case Crime No.131 of 2015 under Sections 376D and 323 I.P.C., Police Station Sahjanawa, District Gorakhpur, pending in the court of Special Judge (Bhra.Ni. Act), Court No.2, Gorakhpur.
It has been argued by learned counsel for the applicant that the applicant was named in the F.I.R. No role, whatsoever, has been attributed to him either in the F.I.R. or in statement recorded under Section 161 Cr.P.C. However, in her statement recorded under Section 164 Cr.P.C., the prosecutrix has levelled serious allegation of gang-rape on the applicant along with other accused. The applicant was exonerated during investigation and has now been summoned under Section 319 Cr.P.C. to face trial and the applicant has been granted bail by this Court.
I have perused the statement of PW 1 and PW 2 who have fully supported the prosecution version. The impugned order passed by Special Judge (Bhra.Ni. Act), Court No.2, Gorakhpur is completely in the line of the parameters laid down by Constitution Bench of this Court in the case of Hardeep Singh
v. State of Punjab and others (2014) 3 SCC 92. The order passed by the court below is wholly justified.
In the light of aforesaid, the instant application under Section 482 Cr.P.C. being bereft of merit is, accordingly, dismissed.
Order Date :- 26.11.2019 MN/-