The court dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings for gang rape and other offences, rejecting the applicant's claim of false implication due to enmity.
The application for quashing the proceeding u/s 376D, 504, 506 IPC was dismissed.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 43837 of 2019
Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned AGA.
The present application u/s 482 Cr.P.C. has bee filed for quashing the entire proceeding of Criminal Case no. 586 of 2017, arising out of Case Crime no. 17 of 2017, u/s 376D, 504, 506 IPC, P.S. Jafarabad, District Jaunpur and charge-sheet dated 2.7.2017 pending before the Additional Session Judge/ Fast Track Court, Ist, Jaunpur.
Learned counsel for the applicant has argued that the applicant is nephew of the first informant and on account of enmity he has been falsely implicated in this case that on 2.10.2016 at about 8.00 pm he along with two named and one other gang raped the daughter of the first informant; in this behalf F.I.R. was registered u/s 376D, 504, 506 IPC. Learned counsel has also drawn attention of the Court towards inimical relation between the first informant and the applicant, which was existing from long time and thus on the ground prayer for quashing the proceeding arising out of impugned charge-sheet, which was filed in the year 2017 has been made.
I may record that the applicant had approached this Court after more than two years and it appears that the applicant has been absconding during this period, besides it, prima facie offence in the statement of the victim in which she has given vivid version of the manner that the applicant and his associates gang raped her is disclosed, I do not find any force in the present application.
The application is accordingly dismissed.
Order Date :- 2.12.2019 Dhirendra/
1 issue framed by the court
Whether the proceedings u/s 376D, 504, 506 IPC should be quashed on the ground of enmity and false implication?
1 provisions across 1 enactments
Sonu
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
