1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. This petition under Section 482 Cr.P.C. has been instituted for quashing charge-sheet bearing no. 2 dated 11.8.2018 arising out of Case Crime No. 70 of 2018, under Sections 363, 366-A, 368, 376-D, 342, 506 and 34 IPC and 3/4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kotwali Uturala, District Balrampur including summoning order dated 20.6.2019 passed by learned Additional Sessions Judge, Room No. 1, Balrampur in Special Case No. 47 of 2019 (State Vs. Dharmendra and others) and entire proceedings of the aforesaid case.
3. As per the prosecution version, the daughter of complainant aged about 14 years went to attend the call of nature on 2.4.2018 at 10 p.m. towards the east side of the village, the accused enticed away the victim on motorcycle by diverting her mind.
4. It is submitted by the learned counsel for petitioner that the victim was recovered before lodging of the said FIR on 5.4.2018 at 15:05 hours while the incident took place on 2.4.2018 at 10:00 p.m.
5. Learned A.G.A. has opposed this petition by submitting that during the course of investigation the Investigating Officer has recorded statements of victim and witnesses and thereafter submitted charge sheet after conducting impartial investigation, upon which learned trial court has taken cognizance and summoned the petitioners to face trial.
6. I have perused the record.
7. From the record, it appears that the Investigating Officer has recorded statements of the victim, witnesses Ram Jiyawan, Chingud, Shirin Hasan, Saktu Ram. On the basis of evidence provided by the witnesses, the Investigating Officer has submitted charge sheet after full fledged investigation.
8. The factual aspects cannot be evaluated during the proceedings under Section 482 C.P.C.
9. Therefore, this petition lacks merit and liable to be dismissed.
10. Accordingly, dismissed.
11. Learned counsel for petitioners further submitted that sometime may be granted to the petitioners for surrender before the trial court.
12. Considering the above submissions made on behalf of the petitioners, it is provided that if the petitioners appear and surrender before the trial court within fifteen days from today and apply for bail in the abovementioned case, the trial court shall decide the bail application of the petitioners expeditiously, according to the exposition of law propounded by this Court and Hon'ble Supreme Court.
13. In the meanwhile, learned trial Court shall not adopt any coercive methods against the petitioners.
Order Date :- 29.8.2019 Virendra