Munni Lal vs State Of U.P.And 2 Others
2013 Latest Caselaw 2209 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 151 of 2007
 

 
Petitioner :- Munni Lal
 
Respondent :- State Of U.P.And 2 Others
 
Petitioner Counsel :- Vijai Kumar Tripathi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the applicant is not present.

Heard learned A.G.A.

This application has been filed with a prayer to set aside the order dated 12.1.2007 passed by learned Addl. SEssions Judge, Court No. 1, Unnao in S.T. No. 435 of 2005 passed the application under section 319 Cr.P.C. has been rejected.

From the perusal of the record it appears that the learned trial  court considered  the statement of P.W. 1 Munni Lal and P.W. 2 Shanti Devi. The P.W. 2 is victim of the above mentioned case. She has not made any allegation with regard to the commission of the offence. The only allegation against the O.P. No. 3 is that three persons came with prosecutrix in the house of O.P. No. 3, where key was provided by O.P.No. 3 to the accused person, the room was opened by them and they committed the rape with prosecutrix. The trial court has considered the statement  and has recorded his opinion that no allegation of committing the rape or committing the offence under section 506 IPC has been made against O.P. No. 3. In such circumstances the application under section 319 Cr.P.C. has been rejected.

The prayer for quashing the impugend order dated 12.1.2007 is refused.

Accordingly this application is dismissed.

Order Date :- 16.5.2013

RPD