SUMAN SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

(2.) The prayer of the applicant in the present 482 Cr.P.C. application is being quoted below:

(3.) Brief facts of the case are that a First Information Report was lodged on 5.4.2012 by opp. party No.2, Smt. Urmila Gupta, Superintendent, Government Child Home (Shishu) (who is at present in jail), Police Station-Shivkuti, District-Allahabad against one Vidya Bhushan Ojha, which was registered as Case Crime No. 64 of 2012, under Section 376 I.P.C., Police Station-Shivkuti, District-Allahabad. After investigation, the Investigating Officer submitted charge sheet on 20.5.2012 against ten persons including the applicant. The charge sheet was submitted against the applicant for offence under Sections 119, 354, 323 I.P.C. and 23 of Juvenile Justice Act. Thereafter, the applicant along with the other co-accused persons were summoned by the A.C.J.M., Court No.8, Allahabad on 30.5.2012, who took cognizance of the offence. The applicant, thereafter, appeared before the Court below and was granted bail by the Court of A.C.J.M., Court No.8, Allahabad for the offence in case crime No. 64 of 2012, under Sections 354, 119, 323 I.P.C. and Section 23 of Juvenile Justice Act, Police Station-Shivkuti, District-Allahabad vide order dated 2.6.2012.The case was committed to the Court of Session by the Magistrate. The co-accused Vidya Bhushan Ojha, Smt. Urmila Gupta and Smt. Rampati were detained in jail, hence they were produced before the Court of Additional Sessions Judge, Court No.23, Allahabad in S.T. No. 495 of 2012 (State Vs. Vidya Bhushan Ojha ), Police Station-Shivkuti, District-Allahabad, on which the trial Court heard the prosecution as well as the counsel for all the accused persons wanted in the case including the counsel on behalf of the applicant on the question of charge. The trial Court while hearing on the point of charge on the basis of the material collected during investigation and in the case diary on the basis of which the charge sheet was submitted against the applicant along with the other co-accused persons, found that the offence under Sections 376 and 120B I.P.C. along with the offence under Sections 354, 119, 323 I.P.C. and Section 23 of Juvenile Justice Act prima facie was made out against the applicant. The trial Court vide order dated 12.6.2012 has passed an order summoning the applicant along with the other co-accused persons to surrender and appear before it.