HIMANSHU DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Bhagwan Dutt Pandey, learned Counsel for Applicant and Sri O.P. Dwivedi, learned A.G.A. for the Staterespondent.

(2.) This application is preferred by applicant for quashing the charge sheet dtd. 19/1/2021 as well as cognizance order dtd. 7/7/2023 and the entire proceeding of Case No. 9029 of 2023 (State Vs. Himanshu Yadav), arising out of Case Crime No.0382 of 2020, under Sec. 363 I.P.C., Police Station-Gauri Bazar, District Deoria pending in the court of Chief Judicial Magistrate, Court/Room No.17, Deoria.

(3.) Learned counsel for Applicant submits that as per version of first information report, the prosecution case is that on 24/12/2020 the Applicant had enticed away niece of first informant, who was aged about 16 years and thereafter, informant lodged first information report against the applicant under Sec. 363 I.P.C. at Police StationGauri Bazar, District Deoria on 25/12/2020 in Case Crime No.0382 of 2020. The alleged incident took place on 24/12/2020 at 7.30 p.m. while the first information report was registered belatedly on 25/12/2020 at 19.40 HRS. but there is no explanation of delay in the first information report, which itself show that the entire story is false, fabricated and concocted because of malafide intention to implicate the applicant in the aforesaid case.