SHAMBHU KHARWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The appeal arises from a judgment dtd. 5/10/2018 of a Single Judge of the High Court of Judicature at Allahabad. The High Court dismissed an application instituted by the appellant under Sec. 482 of the Code of Criminal Procedure 1973("CrPC") for quashing Criminal Case No 785 of 2018 in the Court of the Addl. Chief Judicial Magistrate (First), Ballia arising out of Case Crime No 11 of 2018 registered at Police Station Rasra, District Ballia for an offence punishable under Sec. 376 of the Indian Penal Code 1860("IPC"). The appellant had also sought the quashing of a charge-sheet bearing charge-sheet No 94 of 2018 dtd. 23/4/2018 submitted under Sec. 173 of CrPC and the order taking cognizance dtd. 24/5/2018.