Ramjaan Ali Vs State of U.P. and Another

Court No. - 67

Case :- APPLICATION U/S 482 No. - 1631 of 2023

Applicant :- Ramjaan Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A.,Rajesh Kumar Bind

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Hon'ble Rahul Chaturvedi,J.

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Heard Shri Majahar Ali, learned counsel for the applicant; Shri Rajesh Kumar Bind, learned counsel for opposite party no.2 and learned A.G.A. Perused the record.

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By means of this application the applicant wants to exploit the plenary powers of this Court u/s 482 Cr.P.C. by seeking the quashing of charge sheet dated 7.1.2022 and cognizance order dated 11.4.2022 as well as entire proceeding of Case No.280 of 2022, arising out of Case Crime No.360 of 2021, u/s 376 I.P.C., P.S.-Korao, District Prayagraj, pending in the court of Judicial Magistrate-II, Prayagraj.

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Shri Rajesh Kumar Bind, learned counsel for the opposite party no.2 submits that the applicant is a proclaimed offender as the process of Section 82 Cr.P.C. has been issued against him but he is not surrendering before the court.

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The applicant is facing prosecution for the offence u/s 376 I.P.C. which is a heinous crime and that too he has not submitted himself before the jurisdiction of the court despite initiation of proceeding u/s 82 Cr.P.C. The applicant is a proclaimed offender u/s 82 Cr.P.C. and ignoring that he has come before this Court by way of filing this 482 application seeking the quashing of criminal prosecution against him.

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I have perused the contents of the F.I.R., medical report and 164 statement of the victim and I do not find to give any direction in favour of applicant in such a heinous offence. Accordingly, this application u/s 482 Cr.P.C. stands dismissed.

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Order Date :- 2.2.2023 M. Kumar

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Ramjaan Ali v. State of U.P. and Another

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Ramjaan Ali v. State of U.P. and Another

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