Court No. - 65
Case :- APPLICATION U/S 482 No. - 36226 of 2019 Applicant :- Sadiq Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Mohd. Akbar Shah Alam Khan, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 23.07.2019 passed by Additional Session Judge / Fast Track Court No. 2, Muzaffar Nagar in Criminal Revision No. 82 of 2019 along with order dated 21.01.2019 passed by A.C.J.M., Court No. 2, Muzaffar Nagar as well as entire proceeding of Criminal Case No. 3589/9 of 2018 arising out of Case Crime No. 641 of 2018 under Sections 328, 366 and 376-D, I.P.C., P.S. Civil Lines, District Muzaffar Nagar.
Learned counsel for the applicant submits that applicant was not named in the F.I.R. The only evidence against he applicant is that in statement of victim recorded by the I.O. under Section 164 Cr.P.C., the name of the applicant has been disclosed to be one of the accused who was involved in commission of gang rape of the victim. It was further argued that had he been involved in this case, his name ought to have appeared in the F.I.R. itself, therefore, it is clear case of false implication and the proceeding are nothing but an abuse of process of law and the impugned order needs to be quashed accordingly.
Learned A.G.A. has opposed the prayer of quashing and has drawn attention of this Court towards the statement of the victim recorded under Section 164 Cr.P.C. It is also pointed out that the trial court has taken cognisance against the accused applicant under section 190 (i) (b) Cr.P.C. which shows that the trial court has found sufficient evidence in the Case Diary against the said applicant against which the court below found that the I.O. had erroneously closed the case, therefore, there is no infirmity in the impugned order and the same deserved to be upheld.
I have gone through the statement of victim recorded under Section 164 Cr.P.C. and find that the name of the accused applicant has been stated by the victim as one of the accused who have been involved in committing rape upon the victim and trial court has passed the impugned order on protest petition filed by the informant of this case. It has been recorded in the impugned order that because of the name of accused applicant appearing in the statement of the victim under Section 164 Cr.P.C, there was sufficient evidence against him to be summoned to face trial in this case. Accordingly the accused has been summoned to face trial under the above-mentioned sections.
In view of the above, I do not find any infirmity in the impugned order, hence, there is no reason to interfere in the impugned under inherent jurisdiction of this court.
The applicant shall appear before the court below within 30 days from today and may move an application for bail. If such an application is moved within the said time limit, the same would be disposed of in accordance with law. For a period of 30 days, no coercive action shall be taken against the accused applicant in the aforesaid case. But if the accused does not appear before the court below, the court below shall take coercive steps to procure his attendance.
With the aforesaid direction, this Application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.9.2019 A. Mandhani