KALLU RAM Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the applicant and Sri Vibhav Anand Singh, learned AGA for the State as well as perused the record.

(2.) This application u/s 482 Cr.P.C. has been moved by the applicant with the prayer to quash the entire proceeding of Case No. 599 of 2020 in Case Crime No. 173 of 2019, Under Section 354(A), 504, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station Hathgaon, District Fatehpur, pending before the court of Special POCSO Act, Fatehpur, alongwith Charge-sheet dated 8.2.2020 filed in this case and cognizance and summoning order dated 28.9.2020 passed by Special Judge POCSO Act, Fatehpur in Special Trial No. 599 of 2020 (State Versus Kalluram). Brief facts of the case is that the FIR as Case Crime No.0173 of 2019 has been lodged by informant Chandkali w/o Parsuram Paswan, on 12.11.2019 at 13:54 against the applicant under Section 354(A), 504, 506 I.P.C. and Section 7/8 of POCSO Act, at Police Station Hathgaon, District Fatehpur.

(3.) Learned counsel for the applicant submitted that applicant has not committed any offence and has been falsely implicated in this case. The charge sheet has been filed on the basis of insufficient evidence. It is further submitted that court concerned has taken cognizance in printed proforma without applying his judicial mind which is against law laid down by this Court in the case of Anikt Vs. State of U.P. and another JIC 2010 (1) 432.