AKHILESH PAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

(2.) This application has been moved under Sec. 482 Cr.P.C.to quash the entire proceedings of Case No. 31/2020 pending before learned Special Judge POCSO Act, Azamgarh, District Azamgarh as (State Vs. Kamlesh) arising out from Case Crime No. 102 of 2019 registered under Ss. 363, 366, 376 of I.P.C and of POCSO Act at Police Station Sidhari, District Azamgarh with regard to the applicants only.

(3.) In brief, facts of the case are that informant Subedar Yadav, lodged an F.I.R on 18/4/2019, regarding the incident dtd. 14/4/2019, under crime no. 102 of 2019, under Ss. 363, 366 I.P.C, in which later on charge sheet has also been submitted under Sec. 376 I.P.C. The facts of the case are that on 14/9/2019 Kamlesh Pal S/o Jaggu Pal was talking to his minor daughter aged about 16 years privately, when his brother Hawaldar Yadav reached there and reprimanded both of them and chased them away and said never to meet again. In the same night about 09:00 p.m. accused Kamlesh Pal was seen by his son Rajesh Yadav walking with his brother Akhilesh Pal and Deepak Pal (applicants) in the street next to his house. In the same night his daughter had been abducted on the pretext of marriage by all the accused persons, when Akhilesh Pal provided mobile number of accused Kamlesh Pal, when he contacted on the given number, it was switched off. He tried to find a lot from his level, when he could find, he went to the Police Station and lodged the F.I.R.