Rajendra Vs State of U.P. and Another

Court No. - 55

Case :- APPLICATION U/S 482 No. - 37703 of 2018

Applicant :- Rajendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Vijay Kumar Dwivedi, learned counsel for the applicant, learned AGA for the State.

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This application under section 482 Cr.PC has been filed with a prayer to quash the impugned order dated 29.9.2018 passed by the Addl. Sesions Judge, court no.8 (POCSO Act), Aligarh, in application under section 156(3) Cr.PC No. 438 of 2018 (Rajendra v. Subhash) pending in the court of Addl. Sessions Judge, court no.8 (POCSO Act), Aligarh, Police Station Harduaganj, district- Aligarh.

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It is contended that the averments in the complaint make out a case under section 376 IPC which is cognizable offence, therefore should mandatorily be investigated by the Police Officer, in view of the decision rendered in Lalita Kumari v. State of U.P. and others, 2014 (2) SCC 1 and pursuant to Section 166 A of IPC.

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Learned counsel for the applicant submits that learned Magistrate has not considered the provision of Section 166 A of IPC which provides for prosecution of a Police Officer, who fails to register the information.

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Learned AGA submits that the matter be remanded.

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Be that as it may, the order dated 29.9.2018 29.9.2018 passed by the Addl. Sesions Judge, court no.8 (POCSO Act), Aligarh, in application under section 156(3) Cr.PC, No. 438 of 2018 (Rajendra v. Subhash) pending in the court of Addl. Sessions Judge, court no.8 (POCSO Act), Aligarh, Police Station Harduaganj, district- Aligarh, is set aside. The matter is remitted to the court concerned who shall consider the law and provisions of Section 166 A of IPC and pass a fresh order.

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Subject to the above, application is allowed.

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Order Date :- 13.11.2018 ssm

Rajendra v. State of U.P. and Another

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Rajendra v. State of U.P. and Another

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