LAWS(ALL)-2013-9-164

AHMAD ULLAH Vs. STATE OF U P

Decided On September 19, 2013
AHMAD ULLAH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This revision has been filed challenging the order dated 16.7.2013 passed by the learned Sessions Judge, Pratapgarh and for quashing the charge framed under Sections 363 and 366 IPC against the revisionist in Sessions Trial No.135 of 2013.

(2.) Heard Shri S.K. Ojha, learned counsel for the revisionists, and Shri M.P. Yadav, learned AGA for the State respondent.

(3.) The brief facts of the case are that FIR was lodged by Smt. Noor Jahan in Police Station Lalganj, District Pratapgarh on 12.11.2010 at about 11.05 am alleging that his daughter, the victim, aged about 15 years, was being teased by Mohd. Sohrab. On 10.11.2010, at about 9 am, she was along in the house, and the victim has gone to the Aamla grove towards west of the house, then Mohd. Sohram came and enticed away the victim. After some time, she went to search her daughter, but she could not find in trace of her. Mohd. Aqib and his family members are also involved in this. On this, as case under Section 363, 366 IPC, crime no.444 of 2010 was registered. During investigation, the victim was recovered and charge sheet under Sections 363, 366, 376 IPC was submitted. After committal of case charges under Section 363, 366 IPC was framed against Mohd. Aqib and Ahmad Ullah. After committal, Mohd. Sohrab moved an application before the trial court for discharge under Section 227 Cr.P.C. The application for discharge was rejected by the court below and charge under Section 363, 366 IPC was framed against the accused Mohd. Aqib and Ahmad Ullah. Feeling aggrieved, this crimial revision has been filed by the revisionist Ahmad Ullah.