LAWS(ALL)-2023-3-132

PANKAJ YADAV Vs. STATE OF U. P.

Decided On March 27, 2023
Pankaj Yadav Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Sri Jagendra, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

(2.) Counter affidavit filed today by the learned counsel for opposite party No.2 is also taken on record.

(3.) Heard Sri Ram Kinkar Upadhyay, learned counsel for the applicant, Sri Alok Saran, Advocate assisted by Sri Himanshu Suryavanshi, learned A.G.A. for the State, Sri Jagendra, learned counsel for opposite party No.2 and perused the entire record. The instant application under Sec. 482 Cr.P.C. has bee filed by the accused/ applicant for quashing the entire criminal proceedings of Sessions Trial No.743 of 2019 (State vs. Pankaj) as well as charge sheet dtd. 12/11/2019 and the summoning order dtd. 6/12/2019 passed by the learned Additional District Judge-I/ Special Judge POCSO Act, Sultanpur arising out of Case Crime No.0447 of 2019, under Ss. 363, 366, 376, 506 I.P.C. and Ss. 3/4 POCSO Act, Police Station Jaisinghpur, District Sultnapur, pending in the court of learned Special Judge POCSO Act/ Additional Sessions Judge, Court No.1, Sultanpur. Learned counsel for the applicant has submitted that, in fact, a false first information report came to be lodged against the accused/ applicant by the first informant, who is the father of the victim. The accused/ applicant is innocent who has been falsely implicated in this case.