VINOD KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Aditya Vikram Singh, learned counsel for the applicant, Sri Aniruddha Kumar Singh, learned A.G.A.-I and Sri Sanjay Kumar Yadav, A.G.A. for the State.

(2.) Instant application has been filed with prayer to quash the order dtd. 11/12/2008 passed by Additional Sessions Judge FTC(III), Lucknow, in S.T. Case No. 119 of 2008 ( State Versus Smt. Asha Alias Sanjana and others), arising out of Case Crime No. 271 of 2007, under Sec. 376, 120 B IPC, Police Station Naka, district Lucknow and further prayed that the operation, implementation and effect of the order dtd. 11/12/2008 passed by the Additional Sessions Judge / FTC-III, Lucknow may be stayed.

(3.) Factual matrix of the case is that first information report was lodged bearing case crime no. 271 of 2007, by the victim/prosecutrix at police station-Naka, District- Lucknow under Sec. 376 of IPC, wherein, Asha @Sanjana and two unknown persons were implicated. It has been alleged in the first information report that the prosecutrix was traveling with one Asha @ Sanjana on 27/7/2007 and while reaching at Charbagh Railway Station, she met with two other unknown persons, though were known to Asha @ Sanjana and they took away the prosecutrix along with Asha to nearby hotel and thereafter, they committed rape with her.