Bhura Singh vs The State Of U.P Thru Secy., Home ...
2012 Latest Caselaw 5413 ALL

Citation : 2012 Latest Caselaw 5413 ALL
Judgement Date : 1 November, 2012

Allahabad High Court

Bhura Singh vs The State Of U.P Thru Secy., Home ... on 1 November, 2012

Bench: Vishnu Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- U/S 482/378/407 No. - 2723 of 2012
 

 
Petitioner :- Bhura Singh
 
Respondent :- The State Of U.P Thru Secy., Home Lucknow And Ors.
 
Petitioner Counsel :- Ram Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner and learned A.G.A.

From perusal of the record it reveals that initially an F.I.R. was lodged under sections 354 and 506 IPC, in which charge-sheet was submitted in the court of Additional Chief Judicial Magistrate,Hardoi on 2.8.2011. The court took cognizance against sole accused Bhura Singh. The trial proceeded. Charge-sheet was submitted in case crime no. 202/2010 at P.S. Lonar, District Hardoi. Thereafter another charge-sheet was submitted in the same case crime number under sections 376 and 506 lPC., P.S. Lonar, District Hardoi against the same accused and on that charge-sheet a fresh cognizance was taken on 21.11.2011.

In the Charge-sheet filed under Sections 354 and 506 I.P.C. it has been shown in the statement recorded under Section 161 Cr.P.C. that the prosecutrix has categorically denied that she was subjected to rape by the petitioner.

Counter affidavit be filed on behalf of the State within three weeks informing this court as to whether after taking cognizance by the court on the charge-sheet filed under sections 354 and 506 IPC the order of re-investigation or further investigation was ever passed and in what circumstance the subsequent charge-sheet under Sections 376 and 506 lPC has been filed.

List after three weeks.

In view of the aforesaid facts and in absence of statement of prosecutrix recorded under Section 164 Cr.P.C., till the next date of listing, no coercive steps shall be taken against the petitioner in pursuance of the order taking cognizance in subsequent charge-sheet filed under Section 376 and 506 I.P.C.

Order Date :- 1.11.2012

GSY