HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 31168 of 2015 Applicant :- Hasnen @ Mohd. Husnain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pravesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Naqvi,J.
Connect with Application U/S 482 No.230 of 2015.
Heard learned counsel for applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 14.6.2015 and proceedings of Case Crime No.272 of 2014, under Sections 363, 376 IPC and 3/4 POSCO Act, P.S. Didauli, District Amroha, pending in the court of Additional Sessions Judge, Court No.1, Amroha.
It is submitted that the victim in her statement under Section 164 Cr.P.C. stated that she went to Delhi with the applicant from where she came to Allahabad and performed the marriage in Allahabad on 10.4.2014. Learned counsel for the applicant submits that upon medical examination the age of the victim was reported to be 18/19 years. It is thus submitted that against the above backdrop, no offence whatsoever is made out.
Learned AGA has accepted notice on behalf of O.P.NO.1.
Issue notice to opposite party no.2. He may file counter affidavit within a month. Rejoinder, if any, may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of Case Crime No.272 of 2014, under Sections 363, 376 IPC and 3/4 POSCO Act, P.S. Didauli, District Amroha, pending in the court of Additional Sessions Judge, Court No.1, Amroha, shall remain stayed.
Order Date :- 15.10.2015 sc