RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Balram Yadav, learned counsel for the petitioners and Sri Rajendra Kumar Dwivedi, learned A.G.A. for the State.

(2.) By means of this petition, under Section 482 of Code of Criminal Procedure (In short 'Cr.P.C.'), the petitioner has prayed for quashing the proceedings of Criminal Case No.2215 of 2011 pending in the court of learned Additional Chief Judicial magistrate-III, Raebareli as well as the charge-sheet dated 10.07.1997 and cognizance order dated 22.09.2011 passed by learned Additional Chief Judicial Magistrate-III, Raebareli.

(3.) Brief facts for deciding this petition are that the opposite party no.2 lodged a first information report against the petitioner Rakesh Kumar and Smt. Krishna Devi in Case Crime No.232 of 1997, under Sections 363, 366 IPC, Police Station Kotwali Lalganj, District Raebareli. After investigation, the police submitted charge-sheet against Smt. Krishna Devi and Virendra Kumar Dwivedi alias Chhotey Babuwa on 09.07.1997. Thereafter the police submitted another charge-sheet with same case crime number against the petitioner Rakesh Kumar under Sections 363, 366, 376, 506, 368, 466, 468 IPC. The trial of co-accused Smt. Krishna Devi and Virendra Kumar Dwivedi was conducted and they have been acquitted by the trial court vide Judgement and order dated 16.11.2005.