HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 68
Case :- APPLICATION U/S 482 No. – 8811 of 2019
Applicant :- Mohd. Asif
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Arvind Kumar Srivastava,Akhilesh Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon’ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 28.7.2015 in S.T./Case No. 74 of 2015 arising out of Case Crime No. 486 of 2015, under section 376 IPC, P.S. Kotwali City, District Bijnor pending in the court of Principal Magistrate Juvenile Justice Board, Bijnor.
The submission of learned counsel for the applicant is that the applicant is not named in the FIR. The FIR of the alleged incident was lodged by O.P. No. 2 against Doheed and one unknown under section 354 IPC. The name of applicant came into light during investigation. The victim in her statement recorded under section 164 Cr.P.C. has made false allegation of rape against the applicant. At the time of alleged incident the applicant was juvenile aged about 15 years and in medical report the age of the victim has been found about 19 years. In medical report no definite opinion of rape has been given. The medical report also does not corroborate the prosecution version. The I.O. has not conducted the thoroughly investigation and has submitted charge-sheet against the applicant. The involvement of named accused Doheed has been found false. No offence is made out against the applicant. The applicant has falsely been implicated in the present case.
On the other hand; learned A.G.A. argued that during investigation the name of applicant came into light and the I.O. after collecting evidence has submitted charge-sheet against the applicant under section 376 IPC. There is sufficient evidence on record to connect the applicant with the alleged offence, therefore, there is no ground to quash the charge-sheet of the aforementioned case.
A perusal of the record shows that the name of applicant came into light during investigation. There is allegation of rape against the applicant. The I.O. after collecting evidence has submitted charge-sheet against the applicant. At this stage it can not be said that no offence is made out against the applicant. The disputed defence of the accused can not be considered at this stage.
Considering the facts and circumstances of the case, I do not find any ground to quash the charge-sheet dated 28.7.2015 in the aforementioned case, therefore, the prayer for quashing the same is hereby refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.3.2019
Masarrat
