Court No. - 49
Case :- APPLICATION U/S 482 No. - 31917 of 2018 Applicant :- Sudan Pasi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge dated 13.03.2018 and the entire consequential proceedings in Case Crime No. 518 of 2017, under Section 376, 452 IPC and Section 3/4 of POCSO Act , Police Station Khaga, District Fatehpur, pending in the court of Chief Judicial Magistrate, Khaga, Fatehpur.
3. Admittedly, the applicant has been enlarged on bail. Learned counsel for the applicant submits that besides the FIR allegation supported the statement of the victim recorded under Section 161 Cr.P.C., neither there is any medical evidence of any internal injury caused to the victim nor she supported the FIR allegation in her statement recorded under Section 164 Cr.P.C. In fact, it is submitted that the victim had refused to get her internal examination done and she had specifically stated in her statement recorded under Section 164 Cr.P.C. that she had made wrong allegation.
4. While the aforesaid factual aspect cannot be gone into at this stage, considering the nature of the offence as alleged, no interference is warranted at this stage. However, it will remain open to the applicant to seek discharge at the appropriate stage before the appropriate forum. It is expected that if such discharge application is filed at the appropriate stage, the same shall be considered and decided strictly in accordance with law on the basis of material that exists on record, as expeditiously as possible.
5. In view of the above, the instant application is disposed of. Order Date :- 17.9.2018 Lbm/-