Jeetendra Kumar Yadav vs The State Of U.P.Through ...
2013 Latest Caselaw 2249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 454 of 2007
 

 
Petitioner :- Jeetendra Kumar Yadav
 
Respondent :- The State Of U.P.Through Secretary,Department Of Home,Civil
 
Petitioner Counsel :- Akhter Abbas,Bal Ram Jakhar
 
Respondent Counsel :- Govt.Advocate,Dinesh Upadhyay,R.U.Verma
 

 
Hon'ble Ravindra Singh,J.

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

This application has been filed with prayer to quash the proceedings  of S.T. No. 4 of 2007 under sections 363, 366, 376 IPC pending in the court learned District & Sessions Judge, Ambedkarnagar.

It is contended by learned counsel for the applicant that in the present case the age of the prosecutrix is above 19 years and she was consenting party, she has not supported the prosecution story in her statement recorded under section 164 Cr.P.C., even without doing the proper investigation the charge sheet has been submitted.

In reply of the above contention, it is submitted by learned A.G.A.  that prosecutrix was not major, only on the basis of the statement recorded under section 164 Cr.P.C. the proceedings pending against the applicant may not be quashed.

However, considering the submission made by learned counsel for the applicant and without expressing any opinion on the merits of the case, it is directed that in case in the above mentioned case the charge has not been framed and applicant moves discharge application, the same shall be heard and disposed of in accordance with law.

The interim order dated 26.2.2007 is hereby vacated.

With this direction, this application is finally disposed of.

Order Date :- 16.5.2013

RPD