SHIV RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.G.A. for the State.

(2.) BY means of this petition, under Section 482, Cr.P.C., the petitioner has prayed for quashing the summoning order dated 06.11.2014 passed by learned Additional Sessions Judge, Court No.1, Ambedkar Nagar in Session Trial No.87 of 2012 (State Vs. Vansh Kumar) arising out of Case Crime No.181 of 2012, whereby the application under Section 319, Cr.P.C. moved by the prosecution has been allowed by summoning the petitioner Shiv Ram Yadav and co -accused Shyamu Nishad to face trial under Sections 452, 323 IPC.

(3.) BRIEF facts for deciding this petition are that opposite party no.2 Smt. Sushila lodged a first information report on 21.06.2014 at 12:30 P.M. in Case Crime No.181 of 2012, under Sections 376, 452, 323, 504, 506 IPC, Police Station Bheeti, District Ambedkar Nagar against the petitioner and two other co -accused persons in respect of the incident which is said to have been occurred on 14.06.2014 at 12:00 AM (night) with the allegation that co -accused Vansh Kumar Nishad forcibly taken away her minor daughter aged about 14 years to the field of sugarcane and committed rape upon her. Thereafter approached the police but the police did not lodge the FIR and asked to come on the next day. Thereafter on the same evening Vans Kumar along with present petitioner and Shyamu Nishad came and entered in the house and assaulted the prosecutrix and her parent and also threatened the prosectrix and her parents and got signatures of the prosecutrix and thumb impression of her father on plan papers forcibly to show compromise. After lodging the FIR, the statements of the witnesses under Section 161, Cr.P.C. and the statement of prosecutrix under Sections 164 Cr.P.C. have been recorded. After completing the investigation, the I.O. submitted charge -sheet on 02.07.2012 under Sections 376, 452, 323, 504, 506 IPC against Vansh Kumar. During the course of trial, the prosecution moved an application under Section 319, Cr.P.C. before learned Additional District and Sessions Judge, Ambedkar Nagar on 11.09.2014. On the said application, learned Additional Sessions Judge, Court No.1, Ambedkar Nagar passed the impugned order dated 06.11.2014 and summoned the petitioner along with other co -accused to face trial. Aggrieved by the aforesaid summoning order, the present petition has been filed.