Court No. - 17
Case :- APPLICATION U/S 482 No. - 10189 of 2018 Applicant :- Vivek And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shiv Poojan,Raj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved seeking quashing of the entire proceedings of Special Case No. 8 of 2018 (State Vs. Dipu @ Lalla and others), under Sections 363, 376, 506 IPC and Section 3(2)(V) SC/ST Act and Section 3/4 POCSO Act, arising out of Case Crime No. 5018 of 2017, P.S. Dibiyapur, District Auraiya, pending in the court of Additional District and Sessions Judge/Special Judge SC/ST Act, Auraiya.
It is contended by the learned counsel for the applicants that the accused applicant has been falsely implicated. He was not named in the FIR with the allegation that he was involved in commission of rape upon the victim. Victim in her statement recorded u/s 164 Cr.P.C. on 9.11.2017 for the first time stated that he was involved in committing rape upon her along with co-accused. False allegation is made against the present accused-applicants due to enmity of election of pradhan.If the proceedings are allowed to continue that would amount to abuse of process of court.
Learned A.G.A. has vehmently opposed the prayer of quashing the charge sheet and has stated that the present accused- applicants have not been charge sheeted. Investigation is pending against them. Charge sheet has been filed only against the accused Dipu @ Lalla.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Since it has come on record that the present accused-applicants have not been charge sheeted, hence, the prayer made of quashing above mentioned criminal case is premature. It is, accordingly, refused.
Order Date :- 30.3.2018 A.P. Pandey